The following definitions and rules of interpretation apply in these Conditions.
'Business Day' a day other than a Saturday, Sunday or a holiday observed by national or federally chartered banks.
'Charges' the charges payable by the Customer for the supply of the Services in accordance with clause 5.
'Contract' the contract between the Supplier and the Customer for the supply of Services in accordance with these terms and conditions.
'Customer' the person or who purchases Services from the Supplier; “you”.
'Front Sheet' the front sheet to these Conditions setting out details of the Supplier.
‘Platform Provider’ means Easol Inc.
'Intellectual Property Rights' means patents, rights to inventions, copyright and related rights, trademarks, business names and domain names, rights in get-up, trade secrets, goodwill and the right to sue for passing, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
'Services' the experiences, events, goods and services made available by the Supplier to the Customer on the Website or otherwise provided by the Supplier to the Customer.
'Supplier' the supplier of the Services, with our details set out in the Front Sheet; “we” or “us”.
‘Website’ means the Supplier’s ecommerce site which is hosted by the Platform Provider.
1.2.1 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
1.2.2 Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.2.3 A reference to writing or written includes fax and email.
2. CONTRACT FOR SERVICES
2.1 The booking constitutes an offer by the Customer to purchase Services in accordance with these Conditions.
2.2 These Conditions will apply to all bookings you make with us.
2.3 The booking shall only be deemed to be accepted when the Supplier or any person authorized by the Supplier issues a confirmation of the booking (“Booking Confirmation”) at which point and on which date the Contract shall come into existence.
2.4 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.5 Any quotation given by the Supplier shall not constitute an offer.
2.6 Our Website is run on the platform operated by the Platform Provider. The Platform Provider has no control over the products or services or any of the information or content on the Website.
• Any booking or order for a product or service that you make on the Website is between you and Supplier. There is no contractual relationship between you and the Platform Provider in relation to the Website or any products or services on that site. If you have any questions, concerns, complaints, or wish to cancel your order or booking, you should contact the Supplier directly.
2.6.1 Nothing in this Contract shall affect the Customer's applicable statutory rights as a consumer.
3. CUSTOMER'S OBLIGATIONS
3.1 The Customer shall:
3.1.1 Ensure that the terms of the booking, and any information it provides are complete and accurate;
3.1.2 Co-operate with the Supplier in all matters relating to the Services;
3.1.3 Provide the Supplier and/or the Platform Provider with such information as the Supplier and/or the Platform Provider may reasonably require in order to process the order and supply the Services, and ensure that such information is complete and accurate;
3.2 The following restrictions apply in respect of purchasing Services:
3.2.1 Bookings may only be made by individuals who are 18 years or over. If you are bringing a minor as a guest, you acknowledge and agree that you are solely responsible for the supervision of that minor throughout the duration of the Service, and have read this agreement and agree to it on the minor’s behalf.
3.2.2 You may book on behalf of yourself or another. The Customer who makes the booking shall be responsible for all deposits and payments due.
3.2.3 Certain Services may only be suitable for certain types of individuals. Customer must carefully review the criteria and waivers for you and travellers in your group to agree to. [Female travellers in an advanced stage of pregnancy on the date of departure may be required to present a doctor’s certificate evidencing their fitness for travel. Given the nature of some of the activities, not all Services are suitable for individuals with reduced mobility. If you have any questions, please contact us to discuss whether the Services are suitable for you and your party before booking.
3.3 You must take responsibility for the safeguarding of your personal belongings while participating in the Services (from the point of departure to return, including all scheduled activities). No responsibility can be taken by Supplier for any loss or damage to you or a travelling party’s personal belongings.
3.4 Supplier accepts no liability for any incorrect information given by you whether in relation to you or others that you are booking on behalf of. Services may not be provided if incorrect information is given.
3.5 If the Supplier's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (“Customer Default”):
3.5.1 without limiting or affecting any other right or remedy available to it, the Supplier shall have the right to suspend or terminate performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays the Supplier's performance of any of its obligations;
3.5.2 The Supplier shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from the Supplier's failure or delay to perform any of its obligations as set out in this clause 3.5; and
3.5.3 The Customer shall reimburse the Supplier on written demand for any costs or losses sustained or incurred by the Supplier arising directly or indirectly from the Customer Default.
3.6 Assumption of the Risk.
3.6.1 TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE CUSTOMER KNOWINGLY, VOLUNTARILY AND FREELY ASSUME ALL RISKS, BOTH KNOWN AND UNKNOWN, OF PARTICIPATING IN SUCH SERVICE, INCLUDING EACH SERVICE IN YOUR IMMERSIVE EXPERIENCE, EVEN IF THOSE RISKS ARISE FROM THE NEGLIGENCE OR CARELESSNESS OF THE SUPPLIER OR OTHERS, OR DEFECTS IN THE EQUIPMENT, PREMISES, OR FACILITIES USED DURING THE SERVICE, OR OTHERWISE, AND YOU ASSUME FULL RESPONSIBILITY FOR PARTICIPATION IN THE SERVICE.
3.7 Release and Waiver. You acknowledge and agree that:
3.7.1 You have reasonably assessed the risks involved in the Services and have made an informed and voluntary choice to participate.
3.7.2 You alone, and not the Supplier, are responsible for determining your fitness for participating in the Services and your ability to fully understand any directions or warnings presented.
3.7.3 You will not participate in any Services when you have a physical, medical, or mental limitation or disability, or when you are aware or should reasonably be aware of any factors that may limit or prevent you from safely participating in that particular Service.
3.7.4 You will act reasonably and responsibly and will comply with any provided and customary conditions, directions, and/or precautions for participation in the Services. If you notice any hazard during a Service, you will stop participating in the Service immediately.
3.7.5 TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND PROMISE NOT TO SUE THE SUPPLIER FOR ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (WHETHER ECONOMIC OR NON-ECONOMIC), DAMAGES, EXPENSES, COSTS OR LIABILITY OF ANY NATURE WHATSOEVER ARISING FROM OR IN CONNECTION WITH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
3.7.6 If you reside in California, you expressly waive the protection of Section 1542 of the California Civil Code (“Section 1542”), which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR. You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered.
4. CHARGES AND PAYMENT
4.1 The price of the Services will be as quoted on the Website from time to time, except in cases of obvious error. Prices are liable to change at any time, before or after your booking. If there are increases in prices after your Booking Confirmation, you will be notified and given an opportunity to accept the new price or terminate the Contract without any liability for you or us (less any platform, transaction and processing fees that have been incurred).
4.2 Despite the Supplier’s best efforts, some of the Services listed on the Website may be incorrectly priced. The Supplier expressly reserves the right to correct any pricing errors on the Website and or pending reservations made under an incorrect price, even after Booking Confirmation. If the change is made after Booking Confirmation, the Supplier shall offer Customer the opportunity to keep the booking at the correct price or terminate the Contract without any liability for your or us (less any platform, transaction and processing fees that have been incurred). The Supplier is under no obligation to provide Services at an incorrect (lower) price, even after confirmation of the booking has been sent.
4.3 Your payment to us may be processed on our behalf by the Platform Provider or its appointed third party payment processing provider. The Platform Provider receives the monies you pay to it as a payment agent for the Supplier.
4.4 The balance of all monies due for bookings (less any deposit paid by you) must be received by us no later than the date set out on the relevant page for the Service on the Website or on the confirmation email and invoices issued by Supplier. In the event of your non-payment of the balance by the payment deadline, Supplier reserves the right to cancel the booking and charge cancellation fees.
4.5 If you are paying in a currency (the converted currency) which is different to the primary currency of the listing (the primary currency), any payment and installments you make towards the booking will be converted based on the prevailing exchange rate at the time you make the payment (which may differ to the exchange rate at the time of your booking). For any currency conversions, Supplier (or our service providers) shall add its standard exchange rate fee from time to time in place, as amended from time to time. This shall be added on to the price being paid by you for the Service. Please note, the exchange rate may vary between payment of your installments for the Service and accordingly the price for the Service may change as a result of the exchange rate fluctuations.
4.6 The Customer should be aware that the local authorities in certain jurisdictions may impose additional taxes (applicable VAT or other indirect sales taxes, occupancy tax, tourist tax, or other income taxes, etc.), which have to be paid locally. The Customer is exclusively responsible for paying such additional taxes.
4.7 Unless expressly stated otherwise, prices do not include insurance, airline services, excess baggage charges, transport from the airport to the accommodation, visa and vaccination charges or any personal expenses (laundry, telephone, drinks, room service, tips, etc.), nor excursions or the use of sports facilities, nor any more general costs that are not expressly included in the Booking Confirmation.
4.8 If any payment is not paid by the due date Supplier reserves the right to charge interest to you on the overdue amount at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law. This penalty shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us this penalty together with any overdue amount.
4.9 If we become aware of any fraud or illegal activity associated with the payment for the booking, the booking will be cancelled and you shall be liable for all the expenses arising from such cancellation, without prejudice to any other action that may be made against you.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 Customer acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all the Supplier's literature and Website shall remain at all times vested in the Supplier. The Customer is permitted to use this material only as expressly authorised by the Supplier.
5.2 Customer acknowledges and agrees that the material and content contained within the Website are made available for personal non-commercial use only and the Customer may (if necessary to make a purchase on the website) download such material and content. Any other use of the material and content of the Website is strictly prohibited. The Customer agrees not to (and agrees not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
6. TRAVEL INFORMATION AND INSURANCE
6.1 Please note that Supplier is not responsible for providing passport or visa requirements for your trip. Your specific passport and visa requirements, as well as any other immigration requirements are your responsibility and you should confirm these with the relevant embassies and/or consulates. These should be provided to a Supplier where relevant. Any information supplied by Supplier on the Website or otherwise on these or related matters (such as climate, when to travel, clothing, baggage, personal items etc.) is given as general guidance and in good faith but we do not accept liability for any decisions made on the basis of the information supplied.
6.2 The passport, visa and health requirements at the time of booking should be viewed on relevant government websites or by making your own inquiries. It is your responsibility to ensure that you and all members of your party are in possession of all necessary travel and health documents, and in compliance with any other immigration requirements, before you travel. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.
6.3 You are encouraged to take out appropriate insurance which adequately covers the risks associated with the Services that you are participating in including the costs relating to assistance, including repatriation, in the event of accident, illness or death.
7. CANCELLATION BY THE CUSTOMER
7.1 Requests by the Customer for cancelling or changing a trip must be submitted to the Supplier promptly. Subject to your statutory rights, if any, and your express rights under this agreement, any such requests are at the sole discretion of the Supplier.
7.2 If a cancellation is accepted by Supplier, Supplier can impose a cancellation charge and may charge additional costs incurred as a result of the travel arrangements already made. If there are standard cancellation charges, these will be set out in our separate Cancellation Policy (if applicable for the Service). Where a cancellation affects more than one person on the booking a cancellation charge will be applied in respect of each person on the booking. Please note that the cancellation of the Service may be subject to separate cancellation charges if there are additional costs that have been incurred.
7.3 If a refund is made to you the refund shall be made less any platform, transaction and processing fees that have been incurred.
8. CHANGE OF BOOKING BY THE CUSTOMER
8.1 If after making the booking a Customer wants to change the trip with respect to the date of travel, the destination, the place where the trip starts, the accommodation or the means of transport, the Customer should contact the Supplier. Subject to your statutory rights, if any, any such requests are at the sole discretion of the Supplier.
8.2 The Supplier has no legal obligation to make any changes but may, at its sole discretion and where feasible, try to accommodate the Customer’s request. Changes depend on availability and a fee may be imposed in the event of a change to a booking. Such fees can be substantial and such costs tend to increase the closer to the departure date that the change is made. For instance, certain elements of the Service (e.g. a flight) may incur a 100% charge.
8.3 Any amendments will be subject to our standard administration charge from time to time in place.
9. CANCELLATION BY THE SUPPLIER
9.1 On rare occasions, the Supplier may have to cancel the Service and reserves the right to do so. If the Supplier has to do so, the Customer will be notified as soon as possible. The Supplier may (at its discretion) also offer an alternative Service if able to do so and inform the Customer of its impact on the price of the booking. If the alternative Service is of a lower quality or cost, the Customer may be entitled to a price reduction at the Supplier’s discretion. If the Supplier cannot offer an alternative, it may at its discretion provide a full refund of any payments made for the Service (less any platform, transaction and processing fees that have been incurred).
9.2 If a refund is made to you any reason, the refund shall be made less any platform, transaction and processing fees that have been incurred.
10. CHANGE OF BOOKING BY THE SUPPLIER
10.1 As elements of the Services are planned in advance (in some cases by many months), from time to time the Supplier may need to make a change to the Services. The Supplier reserves the right to do so at any time. Most changes are minor changes, however, occasionally the Supplier will have to notify Customers of a significant change which it is constrained to make to the main characteristics of the Services, or where it cannot fulfil any special requirements which it has accepted.
10.2 In the unlikely event that the Supplier has to make a significant change to the Services, the Customer will be informed as soon as reasonably possible. The Customer will then have the option to:
(a) accept the proposed change.
(b) reject the proposed change and terminate the Contract with a full refund (less any platform, transaction and processing fees that have been incurred); or
(c) reject the proposed change, terminate the Service and take an alternative one if offered. If the Customer decides to take an alternative Service, they will be informed of its impact on the price of the booking.
10.3 The Supplier may not give any of the above options in the event that a change to the purchased Service is not a significant change. Please note that a change of flight time of less than 120 minutes earlier than the departure time and less than 240 minutes later than the arrival time, a change of airline or aircraft (if originally identified), a change of departure or destination airport to one within the same region, or a change of accommodation to another of the same or higher standard usually qualify as minor changes.
11. Unavoidable and Extraordinary Circumstances
11.1 The Supplier shall have no liability to the Customer under this agreement if it is prevented from or delayed in performing its obligations under this Contract, or from carrying on its business or providing the Services as expected for any Unavoidable or Extraordinary Circumstance.
11.2 An “Unavoidable or Extraordinary Circumstance” shall mean any acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport or telecommunications network, Act of God, war, riot, civil commotion, malicious damage, threat of the spread of any illness or disease or any epidemic or pandemic, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of Supplier or sub-contractors.
11.3 Customer is advised to ensure it has appropriate travel insurance in place that covers Unavoidable or Extraordinary Circumstances.
12. LIMITATION OF LIABILITY: THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
12.1 Nothing in this section shall exclude or limit our liability where it is not possible to do so under applicable law. Your statutory rights as a consumer, IF ANY, remain unaffected.
12.2 Except as set out in the Contract the Supplier accepts no liability for any claims, losses, expenses, damages or liability for the Services, except in cases of our fraud or involving death, injury or illness where the Supplier has caused such damage with negligence.
12.3 If you have any complaint or claim, you must raise this with us in writing within 30 days of the end of your trip. The limitation period begins on the day on which the trip should end, based on the Contract.
13.1 You agree that if you or anyone on your behalf make a claim against the Supplier relating to a Service, you will indemnify and hold the Supplier harmless from any liability, demand, loss, damage, or costs which the Supplier may incur as the result of such claim.
14. Disclaimer of Warranty
14.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUPPLIER PROVIDES THE SERVICES “AS IS,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUPPLIER EXPRESSLY DISCLAIMS ANY WARRANTIES OF SAFETY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND AS TO THE ADEQUACY OF THE DIRECTIONS AND WARNINGS PROVIDED TO YOU.
15. ACCESS TO WEBSITE
15.1 Without affecting any other right or remedy available to it, the Supplier may suspend or terminate the Customer’s use of the Website at any time without any liability to the Customer.
16.1 Assignment and other dealings. Supplier may transfer its rights and/or obligations under any Contract to another organisation.
16.2 Variation. Supplier may amend these terms from time to time. Every time you wish to use the Website, please check these terms to ensure you understand the terms that apply at that time.
16.3 Waiver. If Supplier does not insist immediately that you do anything you are required to do under these terms, or if Supplier delays in taking steps against you in respect of your breaking this contract, this does not mean that you do not have to do those things and it will not prevent Supplier taking steps against you at a later date. For example, if you miss a payment and Supplier does not chase you and/or we continue to provide the Services, we can still require you to make the payment at a later date.
16.4 Validity. If a court finds any part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of the terms are unlawful, the remaining paragraphs will remain in full force and effect.