1. DEFINITION
(i) “the Company” – activitymix Limited, trading as activitymix (company registration number 242562 (Scotland))
(ii) “the Participant” – a person or company buying Services from us (also referred to as “you”)
(iii) “the Consumer” – a private person buying Services for private use (also referred to as “you”)
(iv) “the Activity Provider” – a person, firm, company or organisation acting separately and independently of the Company as a result of an Introduction under the Terms and Conditions of Business.
(v) “Services” – an event, occasion or experience organised and managed by the Company or an Activity Provider. This term can also refer to consultancy services delivered by the Company.
2. APPLICATION
These Terms and Conditions apply to the sale of Services by the Company to a Participant or Consumer and all statements made by the Company in brochures, price lists, advertisements, quotations, on the Internet or verbally. Any variations to these Terms and Conditions must be agreed and confirmed by the Company in writing. Placing your order means acceptance of these Terms and Conditions. The Customer or Consumer agree to be bound by all the conditions, exemptions and provisions herein contained. These Terms and Conditions of Sale shall not apply to agreements reached between the Participant or Consumer and an Affiliate.
3. QUOTATION/ORDERS/CONTACT
Quotations are only valid in writing and during the period that they state. If unstated the period is 7 days. Orders may be received by writing, Internet, telephone or fax, but are only binding when accepted by the Company in a written Order Confirmation. Please check the Order Confirmation and notify the Company in writing of any mistake immediately within 7 days of receipt of the Order Confirmation or the details stated in the Order Confirmation will apply to these Terms and Conditions. Until the booking deposit is paid, the Company shall be free to offer the date(s) in question to other interested parties.
4. PRICE & PAYMENT TERMS
Service offer, prices, tax are as shown on your invoice. For the purchase of Services the Customer agrees to pay a booking deposit of 50% of total invoice value at the time of booking and the remaining 50% balance is due 30 days after the invoice date. Any charges for extras incurred during service delivery will be invoiced after the event and are due for payment within 14 days of the invoice date without further notice from the Company. Payment timing is of the essence and the Company reserves the right to charge interest at the daily rate of 8% above the base rate of Clydesdale Bank plc on overdue invoiced fees. Interest will apply both before and after any Court judgement.
5. CANCELLATIONS
The full cost of any booked Service may be refunded if you have to cancel it due to the death, illness or injury of the Participant or Consumer or a close relative or if the Participant is called for Jury Service. We will require evidence of your claim.
- If for any other reason the Participant or Consumer cancels the booking of Services, the booking deposit of 50% of the total invoice value will be forfeited.
- If for any reason the Participant or Consumer cancels the booking within two months prior to the event date, the Participant or Consumer shall be liable to pay 75% of the price contracted for.
- If for any reason the Participant or Consumer cancels the booking within one month prior to the event date, the Participant or Consumer shall be liable to pay 100% of the price contracted for.
In the event of cancellation of Service(s) by one of our Activity Providers we shall endeavour to provide an alternative. Where such alternative is of a lesser value or content we will refund the net difference in price between the original experience and the substitute. Should it prove impossible to provide an alternative, the cost of Service(s) will be refunded, but only to the Customer who ordered the Service. The Company is not liable for any costs whatsoever incurred by the Consumer or the Participant, i.e. travel, accommodation, time taken from work etc. The liability of the Company is limited to the cost of re-booking the equivalent Service. The Company shall not further be liable for any failure to provide an alternative. If for any reason the Participant or Consumer reduces the number of guests the Company reserves the right to charge a penalty fee relating to 50% of the agreed price if the reduction in numbers occurs more than 14 days prior to the Service and 75% of the agreed price if less than 14 days prior to the Service and 100% of the agreed price if less than 7 days prior to the Service.
6. ACTIVITY PROVIDERS
Please note that the Company is neither the supplier itself nor agent for its Activity Providers and therefore cannot accept liability of responsibility for any negligence or act or omission on the part of the Activity Provider in providing the said Services described or other loss arising there from. Where an agreement or contract is entered into between the Participant or Consumer and an Activity Provider, this agreement or contract shall be personal to the contracting parties only. Therefore the responsibility for any loss, injury or death arising as a result of an act or omission of the Activity Provider shall be borne by the contracting Activity Provider.
7. SAFETY & PUBLIC LIABILITY
The Company has a policy whereby health and safety risk assessments are conducted for all activities undertaken. The Company reserves the right to limit liability for any accident occurring or arising as a result of the Company’s negligent act or omission to the fullest extent permitted by law. The Company has in place Public and Products Liability Insurance with an indemnity limit of £5,000,000. Public liability excludes injury to participants unless proven to be due to the negligence of the Company. Participants are responsible for ensuring they are in good health when they subscribe to services.
click here to see a copy of our liability insurance certificate
8. The COMPANY OR ACTIVITY PROVIDER'S AUTHORITY
The Consumer, Participant and each and every guest agree that the opinion or instruction of the Company or the contracted Activity Provider is final and binding in relation to all matters of safety. It shall be at the discretion of the Company or Activity Provider to instruct all or only those who are non-swimmers and taking part in water-related activities to wear life jackets or armbands. If in the opinion of any director or employee of the Company, a Participant, Consumer or guest is behaving dangerously or is acting in a manner which may lead to a disruption of a Service, the offending person shall be requested to leave. The Company shall not be liable to make any refunds or pay any damages or compensation to the Participant, Consumer or offending guest as a result of any expulsion of a person from any Service.
9. LIABILITY AND PROPERTY
The Company accepts no responsibility in respect of any damage occasioned to any property of a Participant, Consumer or guest.
10. ADVERSE WEATHER CONDITIONS AND MECHANICAL BREAKDOWN
From time to time some of our Services may have to be cancelled or suspended due to adverse weather conditions or very occasionally mechanical breakdowns. In cases of Services which are dependent on the weather and mechanical breakdown, we will advise in our briefing document whether you need to call to check the weather or conditions before setting out. If your event is cancelled due to the weather or mechanical breakdown, you will be able to re-book, but your re-booked Service remains subject to weather conditions and machinery or equipment. In these circumstances, every reasonable effort will then be made to re-book the Service at a date convenient. In the event of unavoidable cancellation due to adverse weather conditions or mechanical breakdown, the Company will not be responsible for any accommodation, travel or incidental expenses incurred by the Customer, Participants or Consumers.
11. RESTRICTIONS
All Participants participating in motor activities must hold a valid UK Driving Licence unless specifically stated otherwise. If you have any medical condition or disability which may affect your ability to undertake the experience or Services this must be disclosed in writing to the Company. If you are in any doubt then please consult your doctor. To ensure the validity of any insurance cover we may in some instances ask Participants, Consumers or guests to produce a medical certificate. If you wish to arrange additional cover through our insurers we will be happy to put you in direct contact with them.
12. DISABILITY
We welcome the participation of disabled people in our activities, though we recognise that certain experiences or Services may present difficulties for those with disabilities. We are committed to ensuring that disabled Customers, Participants and guests are given every opportunity to participate, so we ask that you tell us about any relevant disability at the time of ordering. This enables us to do our best to meet the participant’s particular needs.
13. PICTURES OF SERVICES
The pictures used in all promotions to illustrate Services, particularly those that take place at more than one location, are used as an indication only. The machines, vehicles, craft, animals and setting at each venue do vary.
14. YOUR OBLIGATIONS AS A CUSTOMER
You are responsible for:-
1. your own choice of Service and its suitability for your purposes;
2. your telephone and postal charges in contacting activitymix, if any;
3. providing details as to medical conditions and disabilities prior to participation.
You must provide the Company with all reasonable contact information, failing which the Company shall not be obliged to perform the Service. If you have a problem or complaint on the day, please bring it to the attention of the host or event manager at the venue as soon as possible so that they may have a chance to put matters right. It is Company policy that we consider it unreasonable if you take no action during an event but then write a letter of complaint at a later date. Please note that your calls to the Company may be monitored for training purposes.
15. CONSUMER RIGHTS
If you are a Consumer you may cancel your purchase at a time within 28 working days of receipt without cause and receive a refund of the Price paid. To do this you must inform the Company in writing. Any statutory Consumer Rights are unaffected by these Terms and Conditions. This does not apply to any business Participant.
17. FORCE MAJEURE
The Company is not liable for delays in performance caused by circumstances beyond its reasonable control and will be entitled to a time extension for performance. Examples include strike action, terrorist acts, war, transport, governmental matters, natural disasters. If this lasts more than 2 months, the Agreement may be terminated by either party without compensation.
18. CONFIDENTIAL
Each party must treat all information received as confidential and should not be disclosed to third parties.
19. TERMINATION
The Company may terminate any Agreement with immediate effect by written notice if you:
i) failure to pay on time;
ii) breach the Terms and Conditions
Either party may terminate if the other:
iii) commits a material and persistent breach of this Agreement and fails to remedy this within 30 days of written notice from the other; or
iv) becomes insolvent or is unable to pay debts as they fall due.
20. DATA PROTECTION
The Company is registered under the Data Protection Act 1998 as a data controller. Your data will be held, stored and/or transferred in strict accordance with the Data Protection Act 1998 and all relevant regulations and directives imposed either by UK or EU/EEA law. You must indicate on your booking form whether you consent to the transfer of your data to third parties and/or an Activity Provider. You may instruct the Company at any stage, even after consent for the transfer of your data has been given, not to use your data for direct marketing purposes.
21. JURISDICTION
The construction, validity and performance of these Terms and Conditions are governed by the laws of Scotland and the parties hereto shall submit to the jurisdiction of the Scottish Courts. In the event that any of these Terms and Conditions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, constitution or provision shall to that extent be severed from the remaining Terms and Conditions which shall continue to be valid to the fullest extent permitted by law.
22. ALETRATIONS AND AMENDMENTS
The Company reserves the right to alter and amend these Terms and Conditions of Sale in any way it sees fit from time to time.
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