The Parties referred to in this agreement shall be as follows:
· (i) Off Limits Group LTD trading as Off Limits or It's a Knockout ('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.
The Parties hereby agree:-
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, defence 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.
THE CONTRACT PRICE
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 21 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. Most accommodation does require a security deposit on check-in so please check your paperwork for this information. Please be aware you are responsible for your own and the group's behaviour throughout your weekend. If any charges apply from any hotel/supplier for damage or disturbance this will be referred back to you as the group leader.
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 and non transferable
· 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 contract price
5. If for any reason the client needs to change location or date of their event a £25.00 administration fee will be charged.
6. If for any reason the Client fails to give notice to the Company more than 21 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 you require any additional amendments to be made after your cut off date; this will be charged at £10 per amendment for event only and £15 per amendment for package bookings.
· b) If full payment is not made by the stated due date and time a £25.00 late payment charge will be added to your booking immediately. A fee of £25.00 will be added per day after this time if monies are still outstanding and until balance is paid.
7. Travel distances to activities cannot be guaranteed, but we will aim to make your travel time suitable as deemed by our experiences and inline with event types/venues secured.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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 £50.00 administration fee.
CANCELLATION BY YOU
13. 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 amend or cancel your weekend before your cut off date, any payments made online or over the telephone prior to your booking amendment or 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 the £20.00 per person deposit that was paid 4 weeks after the initial booking date.
14. Before 21 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 21 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.
15. 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.
CANCELLATION BY US
16. 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 endeavour to make every effort to reschedule the event for another date or choose an alternative activity. Please be aware we're not obliged to give any refunds in cases of adverse weather conditions. All deposit payments including the initial £50.00 and per person deposits are non-refundable in all circumstances.
· a) It's a Knockout, Totally Wiped Out and selected Driving Events are subject to cancellation due to minimum numbers required.
17. 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.
THE COMPANY'S AUTHORITY ON SAFETY
18. 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.
19. 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.
20. All timings for any events or activities will be provided in your Welcome Pack, this will be sent to you 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.
21. 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.
22. You are responsible for any damage you cause to the accommodation or other property of our suppliers.
23. 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.
24. Please inform us prior to your cut-off date if yourself or any member of your group have any medical conditions which we need to be made aware of that may affect any elements of your booking. We will not be liable for any loss of enjoyment or inability to participate in activities if we have not been made aware and refunds will not be given.
25. If you have a complaint regarding any element of your booking you must notify us in writing within 3 working days. 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. We will acknowledge receipt of your correspondence and we will respond to all complaints in written format within 14 days.
a) Please note that you may not take any action or other step(s) with a potentially adverse, negative or prejudicial impact on us and/or our reputation, whether via social or any other media and/or in any other form, in respect of any complaint (substantiated or otherwise) or the subject matter thereof: (i) if such complaint is satisfactorily resolved or deemed to be resolved under and in accordance with our internal Complaints Procedure or otherwise resolved to your communicated satisfaction; or (ii) without first following our internal Complaints Procedure to its conclusion, and we reserve our legal entitlement to exercise any and all rights and remedies available to us in respect of any failure by you to do so (and/or in respect of any unsubstantiated complaint).
INSURANCE and LIABILITY for DAMAGE
26. 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.
27. 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.
28. 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.
29. 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.
30. 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.
31. We are ABTA regulated and our ABTA number is Y6384.
32. We advise all customers to seek additional travel insurance to provide cover against any eventualities that may occur outside of our control.