Booking Terms & Conditions

V1JAN17

We are The Adventure Experience Limited a company registered in England and Wales. Our company registration number is 07162576 and our registered office is at Beverley Park Golf Range, Beverley Way, New Malden, Surrey, KT3 4PH. Our registered VAT number is 992 6429 74

1 GENERAL

1.1 These Booking Terms and Conditions (the “Terms”), together with the FAQs [www.piratecove.co.uk/faqs/ ] apply to all bookings made with Adventure Experience Limited for Adventure Golf activities (the “Activities”) at Adventure Experience Limited Adventure Golf venues.

1.2 These Terms contain important information regarding participation in the Activities by you and the members of your party and accordingly, you acknowledge and agree that you shall ensure all members of your party are aware of and accept these Terms and FAQs.

1.3 No variation to these Booking Terms and Conditions shall be binding unless agreed in writing by Adventure Experience Limited.

1.4 Adventure Experience Limited reserves the right to make changes to the Activities for any reason, subject to the provisions of these Terms.

1.5 These Terms will apply to any contract between us for the purchase of the Activities to you (the “Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Activities from our site.  Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to book any Activities through our site.

2 How the contract is formed between you and us

2.1 Our website will guide you through the steps you need to take to place an order with us for the Activities. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

2.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order.  However, please note that this does not mean that your order has been accepted.  Our acceptance of your order will take place as described in clause 2.3.

2.3 We will confirm our acceptance to you by sending you an e-mail (Dispatch Confirmation).  The Contract between us will only be formed when we send you the Dispatch Confirmation.

2.4 If we are unable to fulfil your order, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Activities, we will refund you the full amount as soon as possible.

2.5 You must advise Adventure Experience Limited as soon as possible of any mistake in the Adventure Golf order or Dispatch Confirmation.

3 CONTACTING US

Contacting us if you are a consumer:

3.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form [www.piratecove.co.uk/cancellation-form/] on our website. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at pcteam@adventureexperience.co.uk or contact our customer services team by telephone on 01322 427270 or by post to Pirate Cove Adventure Park, External Winter Garden, Bluewater, Greenhithe, Kent, DA9 9SF . If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

3.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 01322 427270 or by e-mailing us at pcteam@adventureexperience.co.uk.

3.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

Contacting us if you are a business.

3.4 You may contact us by telephoning our customer service team at 01322 427270 or by e-mailing us at pcteam@adventureexperience.co.uk. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 20.3.

4 If you are a consumer

This clause 4 only applies if you are a consumer.

4.1 If you are a consumer, you may only order the Activities from our site if you are at least 18 years old.  However you do not need to be 18 years old to participate in the Activities.

5 If you are a business customer

This clause 5 only applies if you are a business.

5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Activities.

5.2 These Terms, the FAQs and our Privacy Policy constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

5.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.

5.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.

6 Our right to vary these Terms

6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.

6.2 Every time you order Activities from us, the Terms in force at the time of your order will apply to the Contract between you and us.

6.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements or any other reasonable requirements.

6.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes.

7 CANCELLATIONS AND REFUNDS

7.1 Adventure Golf is an all year round outdoor activity, which can be enjoyed regardless of the UK’s changeable weather conditions. Subject to the weather conditions set out in the Rules, Adventure Golf will be open so please come suitably dressed with changeable weather in mind so you can enjoy your Activities.

7.2 We will notify you at our earliest opportunity of cancellations for safety reasons or other reasons and ask you to re-schedule your session for an alternative day and time. In the event that Limited has to cancel your booking it shall use its reasonable endeavours to notify you as soon as possible. You shall be entitled to a full refund in the event of cancellation under this clause but no other compensation shall be payable.

7.3 Booking in advance guarantees you a round of Adventure Golf on the day of your choice. If you are a business customer, we do not offer refunds on such bookings, if you wish to cancel your booking and the facility is in operation. If you choose to cancel up to 7 days before your session we will reschedule your booking, subject to availability. Applies to booking of less than 12 people only.

7.4 Subject to clause 7.10, we do not accept cancellations or permit bookings to be rescheduled within 7 days of your booked session. However, your ticket can be transferred to another person for the same date and time. Applies to bookings of less than 12 people only.

7.5 Subject to clause 7.10, bookings of 12 or more people cannot be rescheduled within 14 days of your booked session. However, your tickets can be transferred to others persons for the same date and time.

7.6 Subject to clause 7.10, bookings eligible to be rescheduled need to be booked for a session within 3 months of the original booking date. Bookings can only be rescheduled once.

7.7 Payments made by debit or credit card can only be refunded on the same card the original transaction was made.

7.8 We will make any refunds due to you as soon as possible, and in any event within 14 days.

7.9 If any participants from group booking do not attend the Activities, the total cost for the group will still apply. Extra participants may be added subject to availability and additional costs.

7.10 If you are a consumer, for most services bought online you have a legal right to change your mind within 14 days, beginning after the day we email you to confirm we accept your order and receive a refund.   However you do not have a right to change your mind in respect of Activities once these have been completed, even if the cancellation period is still running.

8 SAFETY

8.1 Adventure Experience Limited reserves the right to refuse admittance to the Activities or to remove a participant from the Activities should it reasonably deem it necessary to do so.  This includes a participant who does not comply with the course safety rules or who is deemed to be under the influence of alcohol or drugs.

8.2 Adventure Experience Limited shall be entitled to prevent any person from undertaking or completing the Activities if it deems the behaviour of any participant unsuitable.

8.3 The Activities will remain open in most weather conditions apart from heavy snow and ice, flooding and lightening at the discretion of Adventure Experience Limited.

8.4 No refunds or compensation will be payable by Adventure Experience Limited in the event that any participant is not permitted to, or decides not to, undertake or complete the Activities once they have arrived to participate in the Activities.

9 CLOTHING

9.1 It shall be the responsibility of all participants to ensure that they are dressed appropriately – please see the Rules for further details. Adventure Experience Limited advises participants to wear clothing appropriate for the weather conditions.

10 PRICE AND PAYMENT

10.1 Subject to any terms agreed in writing by Adventure Experience Limited our charges for the Activities shall be due in full at the time of booking.

10.2 You can only pay for Activities using a debit card or credit card. We accept all major debit and credit cards but not Diners and Amex.

10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, the Activities in your order may be incorrectly priced. If we accept and process your order where a pricing error is obvious and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.

11 MARKETING

11.1 From time to time we take pictures and videos during activities at Adventure Experience Limited venues and permit our guests to take pictures and videos. By taking part in these activities, you are giving us your permission to use any pictures of yourself and anybody in your party for possible use in Adventure Experience Limited promotion and marketing.  We will never sell these pictures and only use them exclusively for our own use. If you object to us using images of you or your party then please inform us in writing to pcteam@adventureexperience.co.uk when making your booking.

12 Our liability if you are a business

This clause 12 only applies if you are a business customer.

12.1 Nothing in these Terms limits or excludes our liability for:

12.1.1 death or personal injury caused by our negligence; or

12.1.2 fraud or fraudulent misrepresentation.

12.2 Subject to clause 12.1, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

12.2.1 any loss of profits (whether direct or indirect), sales, business, or revenue;

12.2.2 loss or corruption of data, information or software;

12.2.3 loss of business opportunity;

12.2.4 loss of anticipated savings;

12.2.5 loss of goodwill; or

12.2.6 any indirect or consequential loss.

12.3 Subject to clause 12.1, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Activities.

12.4 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Activities. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Activities are suitable for your purposes.

13 Our liability if you are a consumer

This clause 13 only applies if you are a consumer.

13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

13.2 You agree not to use the Activities for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13.3 We do not in any way exclude or limit our liability for:

13.3.1 death or personal injury caused by our negligence; or

13.3.2 fraud or fraudulent misrepresentation.

14 OTHER LIABILITY

14.1 Subject to clauses 12 and 13, Adventure Experience Limited shall not be responsible for the loss, or damage, of or to any property arising from the booking of or participation in the Activities.

14.2 There is a parking area at the site. Any vehicle and its contents are left entirely at the owner’s risk.

14.3 Except as otherwise provided in these Terms any liability of Adventure Experience Limited shall be limited to the refund of any charges paid to Adventure Experience Limited for the Activities.

15 Events outside our control

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.

15.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks [or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport

15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

15.3.1 we will contact you as soon as reasonably possible to notify you; and

15.2.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

15.4 You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us.

16 Communications between us

16.1 When we refer, in these Terms, to “in writing”, this will include e-mail.

16.2 If you are a consumer you may contact us as described in clause 3.

16.3 If you are a business:

16.3.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.

16.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.

16.3.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

16.3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

17 How we may use your personal information

17.1 How we will use your personal information. We will use the personal information you provide to us:

17.1.1 in accordance with our Privacy Policy;

17.1.2 to supply the Activities to you;

17.1.3 to process your payment for the Activities; and

17.1.4 if you agreed to this during the order process, to give you information about similar activities that we provide, but you may stop receiving this at any time by contacting us.

18 Other important terms

18.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

18.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

18.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

18.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

18.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Activities through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

18.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

18.8 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).