Southern Pursuits Terms and Conditions

Please read the following Terms and Conditions carefully.



 

1. Definitions

The parties referred to in these terms and conditions are as follows:

(i) “Additional Services” means Services, which are agreed after the signing of this “Agreement”.

(ii) “Agreement” means the Booking Confirmation of event date and price.

(iii) “Balance” means the “Consideration” less the “Deposit” previously paid by the “Client”.

(iv) “Client” means the contracting Company or person.

(v) “Company” means Buzz Pursuits Limited t/a Event Advisor and Southern Pursuits.

(vi) “Consideration” means the consideration payable by the “Client” to the “Company” as stated in the “Agreement” and shall be calculated on the initial minimum number of participants indicated on the “Agreement” or the number actually attending, whichever is greater.

(vii) “Deposit” means a deposit equal to 25% of the “Consideration”.

(viii) “Event Date” means the date as stated within the “Agreement” on which the “Services” will be provided by the “Company” to the “Client”.

(ix) “Participant” means all or any invitees of the “Client”.

(x) “Payment Dates” means the dates upon which the “Deposit” and the “Balance” are due and payable to the “Company”.

(xi) “Representative” means any person or persons acting as servants or agents of the “Company” or independent contractors from time to time employed by the “Company”.

(xii) “Services” means all services provided by the “Company” at the request of the “Client”.

2. Application of Terms and Conditions

These terms and conditions apply in respect of all Services and Additional Services supplied or carried out by the Company under this Agreement on the Event date and no modification thereof is binding unless in writing and signed by a Duly Authorised Officer of the Company. These terms and conditions override any other terms and conditions stipulated, incorporated or referred to by the Client. The contract to which these terms and conditions apply shall not be assignable, and such a contract shall be governed by and construed in all respect in accordance with the laws of England.

3. Payment 

The Client shall pay the Deposit to the Company on execution of this Agreement.

The Client shall pay the Balance to the Company no later than 7 days prior to the Event Date.

Additional Services shall be payable to the Company no later than 7 days prior to the Event date. Any Additional Services requested after this time shall be subject to a separate invoice which shall be payable by the Client to the Company no later than 14 days after the Event Date.

Until the minimum Deposit has been received from the Client, the Company shall be under no obligation to retain any particular activity or Event date for the Client and will be free to offer it to other interested parties. The Event shall not run unless the Company has received the full Consideration by the stated time.

Payment will be accepted via Visa, and Mastercard credit cards. (Please note there will be a 2.8% surcharge on credit card payments). Interest at 3% above Barclays Bank PLC base rate per month will be charged on all payments not received by the due date. The Company also reserves the right to charge a £30.00 administration charge should the consideration not be paid by the due date. 

4. Cancellation Terms

If the Client cancels or postpones this agreement at any time during the relevant period, then the Client shall pay to the Company the Consideration as follows:

(i) More than 8 weeks before the Event Date 30% of the agreed Consideration

(ii) Between 2 and 8 weeks before the Event Date 50% of the agreed Consideration

(iii) Between 1 and 2 weeks before the Event Date 75% of the agreed Consideration

(iv) Less than 1 week before the Event Date 100% of the agreed Consideration

The event date can only be changed at the Company’s entire discretion.

5. Change in Numbers

A request to increase the number of guests may be made at any time but it may not be possible to accommodate this change. Any extra guests must be paid for according to the current price list. Once the Event Date is booked, numbers can be reduced at any time but the Consideration to be paid will remain as shown on the Agreement.

6. Damage 

The Client is liable for all damage to equipment whether motorised or not beyond normal wear and tear to each and every vehicle or other item of equipment supplied by the Company arising out of any act or omission of the Client or a Participant. This does not apply to Clients who have opted to cover themselves with the additional Vehicle Damage Waiver. If any of the Participants are under the age of eighteen, prior written permission must be obtained from the Parent Guardian or Company/Association/Council before they can participate.

If permission is granted then it is the responsibility of the Parent/Guardian or Company/Association/Council to ensure that all their Participants have sufficient command of the English language in order that they understand instructions given to them in the safety briefing and whilst driving. Should any participant being under the age of eighteen years but driving with the permission of the Parent/Guardian or Company/Association/Council then should any accident occur resulting in damage to the equipment then the Parent/Guardian or Company/Association/Council will take full responsibility for the repairs of the damaged item or items.

7. Behaviour

The Client for and on behalf of itself and each and every Participant agrees to abide by and comply with any request or instruction made by or on behalf of the Company on the grounds of safety whether it be the safety of the Client, the Participants or some other person or on any other reasonable grounds. The opinion of the Company and its Representatives shall be final as regards any matters of safety and the Client for and on behalf of itself and every Participant agrees to abide by such opinion howsoever expressed.

If in the opinion of the Company or its Representative the Client or a Participant is or may be behaving dangerously or is acting in a manner which will or may in the opinion of the Company or its Representative lead to a disruption of services at the contracted Event the Client or the Participant will at the request or instruction of the Company or its Representative leave the site of the Event for the remainder of the day contracted for and in such circumstances the Company and its Representative shall be under no further liability to the Client or the Participant as the case may be. The Company reserves the right to suspend all activities at the contracted Event until any request or instruction to leave as aforesaid has been fully complied with.

The Company will on allow any participant to use any of the activities if in the opinion of the Company or its Representative the participant is under the influence of alcohol or drugs or any other substance which would likely impair the participant in the use of any activity. The Company reserves the right to request any such participant to leave their site. The Company’s decision shall be final and there shall be no right of appeal against the decision. If the participant refuses to leave then the Company shall be within its rights to cancel the remaining activities and dismiss all participants from their site without refund or any compensation or damages being payable. 

8. Disclaimer of liability

Prior to the commencement of the Event the Client and all Participants must sign a disclaimer of liability, the terms of which will be available on request. Until a Participant has signed such disclaimer s/he will not be permitted to participate in the Event

9. Legal liability cover

The Company carries full legal liability cover up to a limit of £1,000,000 for any one occurrence but unlimited in all in respect of the operation of all Events.

10. Force Majeure

If the Company is unable to perform any of its obligations under this Agreement by reason of any circumstances, cause or event outside its control including (without limitation of the generality of this Clause) any governmental restrictions, adverse weather, riot, commotion, acts of God, industrial action, breakdown of plant or any failure of gas, water service, electricity etc., the Company shall be entitled to be relived of its obligations hereunder to the extent to which performance of the obligations is prevented, frustrated or suspended. In such circumstances non-performance if the obligations of the Company hereunder shall not entitle the Client to claim damages of any kind whatsoever whether direct, indirect or consequential.

11. Refusal of Admission

The Company reserves the right in its absolute discretion to object to the attendance, on behalf of or at the request of the Client, of any person(s) and the Company reserve the right in its absolute discretion to refuse admission to the Client or any of the Participants.. 

12. Late Arrivals

The Company reserves the right in its absolute discretion to refuse admission to the Client or any of the Participants should they arrive later than the scheduled arrival time or miss the safety briefing. The Company shall not be held responsible for event any times being cut short as a result of Client or Participant lateness. The Client or Participants shall not be entitled to any refund as a result of any event being cut short.

13. Variations

No variation of this Agreement shall be binding upon the parties to this Agreement unless it is in writing and signed by the parties.

14. Amendments

No relaxation or indulgence which the Company may from time to time extend to the Client shall in any way prejudice or act as a waiver of the Company’s rights hereunder.

15. Event Timing

Whilst every effort is made to ensure that the Client or Participants do spend an hour on each event the Company cannot be held responsible if for any reason the time is less or the event is cut short. The Client or Participants shall not be entitled to claim any refund on part or on the whole of the amount paid.

16. Vouchers

All vouchers purchased are subject to a 6 month expiry date unless otherwise agreed and confirmed in written by us. Vouchers can be extended by a further administrative payment such extention can only take place during the validity of the voucher. 

17.Health and safety Restrictions

 Health and safety preclude us from using more then one kart on track unless there are 6 or more people within the group within an hour session. Heath and safety also restrict us to a maximum of 6 client quad bikes at any one time within a safari woodland course under the supervision of a minimum of 2 instructors.

18. Quad Bike Riding

It is at the sole discretion of the Instructor to allow participants to partake the woodland trek. If any Instructor believes that a particular participant cannot, in view of all the circumstances, competently handle a quad bike in a safe and confident manner he may refuse to allow that participant to take part in the woodland trek. Should that event arise the refused participant with have no claim against the company nor shall they be entitled to any refund.

Whilst each group will be entitled to have 1 hour participation in the quad bike event this does not mean that each person will have 1 hour ride time. Where there is a group of 7 or more persons then the ride time will be divided into two 1/2 hour sessions. In this regard each member of a group over 7 people will receive a minimum of 30 minutes actual ride time. The Company will accept no claims which may result for any a shorter period and groups will not be entitled to any refund.