The Treasure Hunt Company - Terms & Conditions of Business
(from 24th November 2011)
In these conditions:-
"THE TREASURE HUNT COMPANY" means THE TREASURE HUNT COMPANY, part of CCC Events of Unit 11 St Josephs Business Park, St Josephs Close, Hove, BN3 7HG.
"the Client" means the person, firm or company purchasing the Services from THE TREASURE HUNT COMPANY;
"the Guests" means the recipients of the Services or any of them as the context requires;
"the Services" means the services supplied to the Client and / or Guests under these conditions.
2. Basis of the Contract
2.1 A binding contract between THE TREASURE HUNT COMPANY and the Client comes into existence as soon as we receive in writing your confirmation that you would like to go ahead with the Services and we have accepted this confirmation in writing.
2.2 THE TREASURE HUNT COMPANY contracts on these conditions only, and acceptance by THE TREASURE HUNT COMPANY of any request for the provision of Services from a Client shall be upon these conditions and shall override any other terms and conditions stipulated or incorporated by the Client. Variations or representations will only be binding on THE TREASURE HUNT COMPANY if confirmed in writing by THE TREASURE HUNT COMPANY.
2.3 The Client warrants that it is either a Guest or is the authorised agent of the Guests and is accepting these conditions not only for itself but as an agent for the Guests.
2.4 It is hereby expressly agreed that every servant or agent of THE TREASURE HUNT COMPANY (including every independent contractor from time to time employed by THE TREASURE HUNT COMPANY) shall take the benefit of every exemption and limitation contained in these Conditions and every exemption from liability, defence and immunity to which THE TREASURE HUNT COMPANY is entitled shall also be available and shall protect and extend to every such servant or agent for the purposes of this condition THE TREASURE HUNT COMPANY shall be deemed to be acting as agent on behalf of such servants and agents and all such persons shall to this extent be deemed to be parties to the contract of which these Conditions form part.
3. The Services
3.1 All descriptions and illustrations contained in THE TREASURE HUNT COMPANY literature, price list and advertisements or otherwise communicated to the Client are intended to present merely a general idea of the Services described and shall not form part of the contract.
3.2 THE TREASURE HUNT COMPANY reserves the right to make substitutions and modifications to the equipment used in the provision of the Services.
4.1 The price charged by THE TREASURE HUNT COMPANY for the provision of the Services shall be as stated in the quotation of any booking made by the Client, provided always that any additional costs incidental to the provision of Services incurred by THE TREASURE HUNT COMPANY shall be in addition to such price.
4.2 Unless otherwise agreed, a booking deposit payable by the Client of 50% of the price (including any VAT thereon) shall become due at the time of booking.
4.3 The Client shall pay the balance of the price not less than one month prior to the date upon which the Services are to be provided. Any additional costs shall be invoiced separately and the Client shall pay any such invoice within fourteen days of its issue date.
4.4 If for any reason the Client cancels the booking, the booking deposit will be forfeited. If for any reason the Client cancels the booking within four weeks of the date upon which the Services are to be provided, the Client shall be liable to pay 75% of the contracted price, within two weeks of the date upon which the Services are to be provided, the Client shall be liable to pay 100% of the contracted price.
4.5 If all payments are not received by THE TREASURE HUNT COMPANY in full and on time we shall treat the booking as cancelled by the Client and the cancellation charges set out in clause 4.4 will be payable by the Client. Where THE TREASURE HUNT COMPANY hold off cancelling (although not obliged to do so) because the Client has asked THE TREASURE HUNT COMPANY for time to pay but fails to do so, the Client must pay the cancellation charges shown in clause 4.4 depending on the date THE TREASURE HUNT COMPANY reasonably treat your booking as cancelled.
4.6 If for any reason the Client fails to give notice more than one month before the date upon which the Services are due to be provided, that the number of Guests is to be reduced, the Client will be liable to pay the price in full for the number of Guests originally booked.
4.7 All payments due from the Client under these Conditions shall be made without any set-off deduction or deferment of any nature.
4.8 In the case of overdue payment, THE TREASURE HUNT COMPANY may charge interest and claim compensation for debt recovery and VAT in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 without prejudice to any other rights of THE TREASURE HUNT COMPANY.
5. Limitation of Liability
5.1 Prior to the commencement of the Services, the Client and all its Guests will, if so requested by THE TREASURE HUNT COMPANY, sign a disclaimer of liability, the terms of which are available to the Client on request.
5.2 THE TREASURE HUNT COMPANY accepts no liability for loss, injury or damage of any nature whatsoever, whether direct or consequential, arising out of provision of Services, save as provided under the Unfair Contract Terms Act 1977. Without prejudice to the generality of the foregoing:-
5.2.1 THE TREASURE HUNT COMPANY maintains public liability insurance cover up to a maximum sum of £5 million and the Client and every Guest shall limit any claims against THE TREASURE HUNT COMPANY to such sum except in the case of death or injury and so far is reasonable in the case of losses caused by negligence and defective or poor quality goods; and
5.2.2 THE TREASURE HUNT COMPANY and its servants or agents accept no responsibility in respect of any loss or damage to any property of the Client or any Guests.
5.3 A copy of THE TREASURE HUNT COMPANY's public liability insurance policy is available upon request and the Client and all Guests shall observe its terms and conditions at all times. The Client and every Guest may increase the limit of their insurance cover at their own cost and by prior arrangement with THE TREASURE HUNT COMPANY.
6. THE TREASURE HUNT COMPANY's Authority
6.1 The Client and every Guest shall abide by and comply with any request or order made by or on behalf of THE TREASURE HUNT COMPANY on the grounds of safety, whether it be the safety of the Client, the Guest or some other person.
6.2 The Client and every Guest agrees that the opinion of THE TREASURE HUNT COMPANY or its servants or agents is final in regards to any matters appertaining to safety, and the Client and every Guest agrees to abide by any such opinion howsoever expressed. If in the opinion of THE TREASURE HUNT COMPANY, its servants or agents, the Client or any Guest is or may be behaving dangerously or as acting in a manner which would or may in the opinion of THE TREASURE HUNT COMPANY its servants or agents lead to a disruption of the Services, the Client or any Guest shall at the request or order of THE TREASURE HUNT COMPANY, its servants or agents, leave the event for the rest of the day contracted for without THE TREASURE HUNT COMPANY, its servants or agents having any liability to refund any part of the price paid for the provision of the Services. For the avoidance of doubt, any excessive consumption of alcohol prior to or during the Services shall be treated as behaviour enabling THE TREASURE HUNT COMPANY to require the Guest concerned to leave the event.
7. Force Majeure
THE TREASURE HUNT COMPANY shall bear no liability for loss, damage or delay howsoever arising caused in circumstances outside its control including (but not limited to) inclement weather, acts of God, war, strikes, civil commotion, work to rule or go slow, overtime bans, lock outs, fire, flood, drought or inability to procure materials or articles except at increased prices due to any of the foregoing causes (and in these circumstances may suspend or cancel the whole or part of the Services). THE TREASURE HUNT COMPANY shall endeavour to notify the Client as quickly as reasonably possible if a force majeure occurs. While THE TREASURE HUNT COMPANY is not able to refund any monies paid by the Client, where Services have been cancelled due to adverse weather conditions, it will endeavour at its option either to arrange alternative services at the requisite time or re-arrange the provision of the Services at an alternative time.
8. Law of Contract
The construction, validity and performance of any contract shall be governed in all respects by the laws of England.