Terms & Conditions
1. Definitions
In these Terms & Conditions the following words and phrases have the following meanings:
“the Company” shall mean I.T. Excellence Limited trading as Fantastic Days whose registered office is at Soldierfield House Mill Road Little Melton Norwich NR9 3NT, ENGLAND (Company Number. 3682754)
“Voucher” shall mean an ‘in-date’ and valid voucher issued by the Company entitling the holder upon its pre-arranged presentation to the Company to take part in the event described on the face of the Voucher or otherwise agreed with the Company.
“Activity” or “Activities” shall mean the event(s) or experience(s) named on the Voucher or specified in the invoice relating to a group booking.
“Purchaser” shall mean the person or company purchasing the Voucher or group event.
“Purchase Date” shall mean the date the Company is advised by its payment service provider that the purchase has been successfully transacted.
“Webvert(s)” shall mean all and any advertising distributed by or on behalf of the Company by electronic means and with the Company’s full knowledge and full approval.
“Brochure(s)” shall mean all and any advertising materials other than Webvert(s) issued directly by the Company and with the Company’s full knowledge and full approval.
“Participant” shall mean the recipient or holder of a Voucher who redeems the Voucher, or a person participating in an event.
“Price(s)” shall mean the cost of the Voucher or event as if purchased in the UK in Pounds Sterling and inclusive of VAT at the prevailing rate.
“Booking” shall mean the agreement by the Company of a redemption date for a Voucher or receipt of deposit from the Purchaser for a corporate or group event.
2. Basis of Sale
All sales are made on the basis that the Purchaser fully and unequivocally accepts the Terms and Conditions presented here and agrees that these Terms and Conditions supersede all and any previous agreements or arrangements either written or verbal that may have existed between them and the Company at any date either past or present and that by proceeding with this purchase the Purchaser understands and agrees to be fully bound by these Terms and Conditions. It is the express responsibility of the Purchaser to bring these Terms and Conditions to the attention of the Participant(s) prior to the event date and by proceeding with this purchase the Purchaser expressly agrees and undertakes to do so. By attending an event the Participant fully and unequivocally signifies their own full agreement with all particulars of these Terms and Conditions. Purchasers and Participants further agree to bring these Terms and Conditions prior to the event to the attention of their Spectators who by attending an event fully and unequivocally signify their own agreement with and acceptance of these Terms and Conditions.
3. Independence of Clauses in these Terms and Conditions and Headings
All clauses and sub-clauses shall be taken as being independent of every other clause or sub-clause such that should any individual clause be found to be unenforceable or invalid it shall be deemed to stand alone from all other clauses and all other clauses and sub-clauses shall remain in full force and effect. Headings given in these Terms and Conditions are provided solely for the purposes of convenience to the reader and shall have no bearing in the determination of the meanings of the clauses or sub-clauses to which they relate.
4. Voucher Purchases
For the purposes of these conditions a Voucher purchased from the Company or through a third-party is only valid if the Company agrees it is valid (Vouchers are valid for 9 months from the Purchase Date) except where otherwise specified on the Voucher itself. A Voucher may be expected to be valid if it will still be ‘in-date’ and otherwise unexpired on the date agreed with the Company for the event to take place and has been paid for in full and any associated costs (such as extension charges) have been met in full and the Voucher has not already been redeemed. Participants who attend an event without first supplying a valid Voucher on or before that event shall be liable to make full payment to the Company for their place on that event at the time of their attendance or within 7 days thereafter. The Company shall be additionally entitled to reclaim from such a Participant all and any debts incurred to the Company in the pursuit of this payment. The Price of Vouchers are correct at the time of advertising but the Company reserves the right to change Prices without notice subject only to advising the Purchaser of the new price at the time of purchase. A purchase is only valid if the full purchase price has been received by the Company. Vouchers purchased from the Company that have not expired may be extended for an additional six months by returning them to the Company together with a fee equivalent to 20% of the current price of the voucher. Valid Vouchers purchased from the Company may be upgraded for other Vouchers offering any higher-priced Activities and the price differential between activities must be paid to the Company. Participants may choose to take part in a lower priced Activity but in this case no refund will be made. The expiry date of upgraded Vouchers will be the same as was given on the original Vouchers. A Voucher cannot be exchanged for a new Activity if a redemption date for the original Voucher has already been agreed with the Company or if the original Voucher cannot be returned to the Company.
5. Webverts and Brochures
All and any descriptions either textual or otherwise conveyed concerning the Activities shown in our Webverts or Brochures are intended to provide only an approximation or guide to the Activity offered and the Company shall not be bound by them.
6. Voucher Refunds
The Company in accordance with the law shall extend to Purchasers undertaking transactions using a credit card a cooling off period of 7 working days (not including the day of purchase) in which to exercise their right to cancel a purchase and gain a refund. Purchasers wishing to obtain a refund must inform the Company in writing within this period by writing to the Company at its registered address as given above or by email to sales@fantastic-days.com. All refund requests must include the Purchaser’s name, address, telephone number, the order reference number provided in the confirming email sent to the Purchaser by the Company and the date on which the purchase was initially made. The Company undertakes to refund valid requests within 30 days of their receipt but this refund shall be wholly limited to the monetary value shown on the confirming email sent to the Purchaser by the Company and shall in no way include additional expenses howsoever arising. Refunds will only be applied to the purchasing card. The Company will not honour or make any refund in respect of a Voucher that has expired. Vouchers supplied by the Company are not refundable outside this cooling off period.
7. Delivery of Vouchers
It is the intention of the Company to process within 3 working days all Vouchers notified to us by our payment service provider (or though other acceptable means) as having been successfully purchased. All vouchers are then posted as first class mail using the Royal Mail delivery service. Delivery of these vouchers should therefore take place within 5 working days of their purchase but the Company shall not be bound to meet these delivery times.
8. Voucher Bookings
The Booking of redemption dates is on a first come first served basis and no guarantee is given that any particular date will be available to redeem a Voucher in order to take part in an event described thereon. Events will take place at the venue notified to the Participant at the time of Booking except where subsequent circumstances necessitate alteration. Where possible, the Company will provide reasonable notice of any such alteration to the Purchaser(s) or the Participant(s). The person so notified by the Company of such alterations will be specifically responsible for notifying attending spectators (as referred to in clause 10. below) of such alterations.
9. Non Attendance and change of pre-booked dates
In the event of un-notified non-attendance on the day booked for the redemption of a Voucher the Voucher will be deemed to have been duly redeemed by the Company making the Voucher invalid for future use. At least 14 days notice must be given to change the date of redemption of a Voucher without penalty. Changes to redemption dates made within 14 days of the event will attract a re-booking fee. Re-booking fees are 20% of the Voucher price 14 – 8 days notice; 30% of the Voucher price 7 – 4 days notice; 40% of the Voucher price 3 days or less notice; 50% of voucher price if booking is cancelled on the day. Where the new date for the booking falls outside the validity period for the Voucher, it is the express responsibility of the Participant to ensure the Voucher’s continued validity with the Company.
10. Spectators or Guests of the Purchaser or Participant
Spectators are welcome to attend but 3 days prior notice is required by the Company. A fee will be payable to the Company before the spectator attends. Details can be obtained from the Company.
11. Group Event Bookings
A booking is only valid if full payment for the event has been received by the Company in advance of the event being due to take place. A deposit of a 50% is payable within 7 days of booking to secure the chosen date. The balance is payable at least 30 days in advance of the event date. Deposits received against an event which is subsequently cancelled within 21 working days of the event are non-refundable. Cancellations notified to the Company outside of this period will be refunded less a cancellation fee equivalent to 10% of the event’s value. Postponements made within 21 days of the event will be subject to a 10% rebooking fee. There is no refund with respect to non-attendance on the day. Events will take place at the venue notified to the Purchaser at the time of Booking except where subsequent circumstances necessitate alteration. Where possible, the Company will provide reasonable notice of any such alteration to the Purchaser. The Purchaser once so notified by the Company of such alterations will be specifically responsible for notifying all attending Participants and Spectators of such alterations.
12. Participants
No Participant shall be under the age limit advertised for the Activity unless the Company in its absolute discretion agrees otherwise at the time the Booking is made. Where appropriate, Participants must have the ability to climb in and out of the Company’s vehicles, or safely operate its equipment, unaided whilst following instruction. Minimum and Maximum heights and weight limits will apply as advertised. Participants must disclose to the Company before or at the time of booking any medical condition that may prevent them from safely undertaking the event they wish to participate in. Participants must in the interests of the safety of themselves and others obey the reasonable instructions of the Company, or its contractors, servants or agents and where the terms of this clause have not or cannot be fulfilled the Company shall be entitled to regard its obligation to that Participant as having been duly and fully fulfilled.
13. Clothes and footwear
Participants must bring and wear clothes suitable for the event they are attending. Stout footwear providing toe and ankle protection is strongly advised; warm clothing and a shower resistant jacket are also advised. Subject to clause 14 below, events will proceed regardless of weather conditions.
14. Weather
The Company reserves the right to cancel, postpone or curtail an event due to severe or extreme weather in the interests of safety. In the case of cancellation or postponement by the Company alternative bookings will be rearranged.
15. Queries
In the event that anyone attending an event should have a query they should initially direct their query by telephone to the Company’s sales team on 01603 812680 except where the query arises during an event they are attending in which case they must bring it clearly to the attention of The Company’s Event Manager during that event.
16. Complaints
In the event that anyone during an event feels they have a complaint they should make this known directly to The Company’s Event Manager for the day so allowing the opportunity to correct the cause of the complaint at that time. Any person who has a complaint during an event but chooses not to make it known during that event but who later raises it or a related complaint that could reasonably have been resolved during that event shall be deemed to have removed the opportunity for a simple resolution from The Company and may lose the right of redress. Complaints not relating to the running of an event should initially be made by telephone on 01603 812680 during office hours.
17. Company’s discretion
The Company in its absolute discretion may:
- Request anyone attending an event to leave that event if their behaviour is deemed to be a danger to themselves or others or is deemed otherwise inappropriate. In such circumstances and The Company shall be deemed to have properly fulfilled it’s obligations to that person or persons without further redress.
- Insist on Participants wearing hard hats and any other requisite protection that is provided by the Company or its contractors, servants or agents.
- Alter any part of an Activity or decline to operate or withdraw from use a particular vehicle or piece of equipment or apparatus without prior notice.
- Suspend or cancel an event in the interests of safety.
- Require anyone attending an event who is deemed by the Company to have damaged equipment or property through wilfully ignoring safety or other instructions given to them by staff or through deliberate vandalism to make full payment to the Company for any subsequent repairs deemed to have arisen from their actions and within 30 days of receiving notification of the assessed costs.
18. Alcohol
For reasons of safety, the consumption of alcohol is not permitted anywhere on the Company’s premises during an event. Persons in an intoxicated state will be refused permission to participate without redress and The Company shall be deemed to have properly fulfilled it’s obligations to that person or persons without and further redress.
19. Limit on Company’s liability
The Company shall not be liable to any Purchaser or Participant or other person in respect of any cancellation, postponement or curtailment of any Booking, Activity, or event, or any components of these for reasons of safety or for reasons beyond the Company’s control including but not limited to severe weather, mechanical breakdown and/or the illness of the Company’s contractors servants or agents. In the case of cancellation or postponement by the Company alternative bookings will be rearranged. The Company will accept no responsibility for damage to or the loss of clothing, belongings, or the effects of Participants or spectators howsoever caused at any time.
20. Changes to Activities
The Company reserves the right to discontinue or alter an Activity without notice in the interests of commerce or safety. Purchasers or Participants affected will be offered similar alternative Activities.
21. Acceptance of terms and conditions
the Purchaser/Participant unequivocally and irreversibly signifies their acceptance of these terms and conditions and agrees to be bound by them through either making their payment to the Company or it’s agents or through the attendance or one or more of their Participants at an event.
22. Jurisdiction and Governing Law
These terms and conditions shall be governed by and construed in all respects in accordance with the Laws of England and Wales and each party hereby unequivocally submits to the exclusive jurisdiction of the English and Welsh Courts.
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