DEFINITIONS AND INTERPRETATIONS
These terms and conditions set out our obligations to you and your commitments to us when booking events with Red Cactus Events LTD. Our aim is to be as professional, resourceful and courteous as possible with both our customers, and suppliers. “we”, “our” and “us” means Red Cactus Events “you”, “Your” or “Yourself” means the person making the reservation, and “group” includes all people traveling with you. All events, activities, transport, accommodation, meals and other services of any description will be described as “Arrangements”. “In writing” means by facsimile, email or letter. “Lead Customer” means the person who has placed the booking. All bookings are made and accepted as a group booking and the person placing the booking takes responsibility for the reservation is the Lead Customer.
The lead customer warrants that he/she, and all group members, are over 18 years of age and that the Group Leader has full capacity and authority to secure the booking in accordance with these Booking Conditions on behalf of all persons whose names appear in the booking and of others whom he/she may later add to the group. The lead customer agrees, on behalf of all group members, to be bound by these Booking Conditions. We reserve the right to decline a booking at our entire discretion. All our arrangements are made up of different elements that are available to be purchased separately. This allows you to purchase just the accommodation element of the itinerary or any particular activities individually that feature within the quoted itinerary. We will treat each component separately so that the price charged in total for the booking of more than one component will always equal the prices charged separately for each individual component. Prices confirmed to you prior to your payment of your deposit will be listed and priced by component, with each component available to buy separately at the same price as if more than one component is booked. The flexibility we offer means that any multiple bookings do not constitute a package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992.
1.1 Bookings are taken on the basis that they are made by a Group Leader. When you make a booking and pay your initial payment we will take an estimate of group numbers and will reserve your arrangements in accordance with these Booking Conditions. A binding contract between us will come into existence only when we send our Booking Confirmation to you. Prior to doing so, we may send you an acknowledgement of your booking. Any such acknowledgement simply indicates that we are dealing with your booking request and is not a confirmation of it.
1.2 Please check your Booking Confirmation together with all other documents we send you, as soon as you receive them. Contact us immediately if any information which appears on the Booking Confirmation or elsewhere appears to be incorrect or incomplete, as it may not be possible to make changes further down the line. We regret we cannot accept any responsibility if we are not notified of any inaccuracies in any document within 24 hours of our sending it out. Whilst we will do our best to rectify any inaccuracies notified outside these time limits, you will be responsible for any costs and expenses involved in doing so.
1.3 Any contract is with the Group Leader as shown on the Booking Confirmation. Unless you advise us to the contrary we will assume that every member of your group is over 18 years of age. If this is not the case and some members of your party do not fall into this age category, please check with us that the events you book can accommodate the younger members of your party. If this is not checked prior to your booking and you encounter problems during your arrangements, we cannot be held liable.
1.4 The Group Leader is responsible for ensuring that other members of his/her party are aware of these Booking Conditions and that they consent to him/her acting on their behalf in dealings with us.
1.5 The Group Leader is responsible for the reservation and for ensuring that all monies due for a booking are collected and paid on time by the members of the group. The Group Leader assumes all responsibility to settle the balance of the invoice for a confirmed booking before the final balance due date. An event pack confirming all elements of the event will be sent to the Group Leader once the groups payments have completed, no changes can be made by the Group Leader to any element of the event without Red Cactus Events confirming that changes can be made. In the event of any change by the Group Leader charges may apply.
2.0 OUR PRICE POLICY AND PAYMENT TERMS
2.1 We reserve the right to alter prices shown on any website and we will inform you of any price changes prior to the issue of our Booking Confirmation. Once our Booking Confirmation has been issued then, save in the case of manifest or system error, the price shown on the Booking Confirmation shall apply and no surcharges or other fees will be levied save where expressly provided for in these Booking Conditions.
2.2 When you make your booking the Group Leader is required to pay a non-refundable initial payment of £50 or such other figure that may be agreed during the sales process. Each member of the group is then required to pay a non-refundable minimum payment of £30 or such other figure as may be agreed during the sales process, in order to secure their place. Unless a different timescale for payment is confirmed by us in writing, the final balance of the total price of your arrangements must be paid by each member of the group at least 42 days prior to your arrangements commencing. It is the Group Leader’s responsibility to make sure that all payments are made by members of the group by the due date for payment. Each member of your group is able to pay separately through our online payment system and final numbers for your arrangements will be determined by us based solely on the numbers who have paid the balance required in full as at the date 42 days prior to the arrangements commencing (or any other final balance date specified). If your arrangements are due to commence within 42days of your booking, then the total price shall be payable at the time of booking and numbers will be confirmed at the point at which we accept your booking and receive payment. Any amendments must be confirmed by the group member and are subject to charges as outlined in 3.1.
2.3 Should the final balance not be received by us in time, we will inform the Lead Customer that the payment is overdue. If you do not, then pay us within three days we will be entitled to treat your booking as cancelled by you and retain your deposit. If we do not cancel straightaway because you have promised to make a payment you must in addition pay the cancellation charges (See 3.3 Changes and Cancellations by you) depending on the date, we reasonably treat your booking as cancelled. Under all circumstances; all deposits, part payments, treatments, theatre or show tickets, administration charges, insurance premiums, service fees and transfers are non-refundable and non-transferable.
2.4. The Contract set out in these terms and conditions will be between Red Cactus Events and with the person who requested and received a written quotation. Where a quote has been received and a different person pays the deposit, the contract will remain in the name of the person who received the written quotation. Once all group members have paid and the final balance has been cleared we will confirm your booking by sending a confirmation email at this point a binding contract between us will come into existence. By making your booking with us, you will be regarded as having had the opportunity to have viewed and understood our booking terms and conditions.
3.0 CHANGES AND CANCELLATIONS BY YOU
3.1 If you require a change to your booking in any way you must contact us in writing as soon as possible. We cannot guarantee that changes can be made but we will try and accommodate your requests as best as possible. You will be charged for any extra costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. These charges will be made aware to the lead customer who is responsible for the payment of all charges within 72 hours of an amendment being agreed. Please be aware these are not amendment charges but charges dictated on ourselves by our suppliers. As an example; if you require to reduce the number of players for an event to below the minimum number of participants stated for a booking the price per person will increase as we are required to pay for the minimum number of participants.
Note: We will always try to accommodate any changes, subject to availability. We have three charges:
- £10 administration charge should you need to need to change any elements of your event (eg. date, time or destination) or cancel your event after the balance has been paid where it is more than 42 days prior to your event date.
- £5 administration charge to add someone once the balance has been paid.
- Individual payments – £25 administration charge if after paying your deposits you wish to remove or add yourself or another group member to individual elements of the booking (e.g individual activities or accommodation).
3.2 Should your group numbers decrease and we are advised of the amendment at least 42 days prior to your arrangements start date, and the final payment has not been made, we will not charge you for the reduction in the groups size subject to the group numbers meeting the required number of participants for an event. Specific arrangements require a minimum group size, if your group size drops below the minimum required you will be liable to pay the final balance for this arrangement based on the minimum group size required. In the event that we are able to refund a participant who is no longer able to attend there will be a £5 administration fee applied to any refund whether full or partial.
3.3 All cancellations must be notified to us in writing immediately. If you cancel the whole booking before the final payment is due, your deposits will not be refunded. However, provided you notify us of your cancellation before your final balance is due; your deposit may be transferred to another mutually agreed date within 12 calendar months of the original booking date. If you cancel the whole booking after final balances have been paid by individual group members or part payments have been received, all monies are non-refundable in the event the lead customer cancels the booking within 42 days of the start date for packages that include accommodation and 35 days for activities only events.
Amount you must pay unless your event organiser has specified differently.
- More than 42 days Deposit
- Less than 42 days 100% of the total cost of the Arrangements in question
- For parties that have paid individual payments or made advanced part payments
- More than 42 days – Deposit retained, other monies will be returned to the payee with a deduction of an administration fee of £10.
- Less than 42 days 100% of the total cost of the Arrangements in question
- More than 35 days Deposit
- Less than 35 days 100% of the total cost of the Arrangements in question
- For parties that have paid individual payments or made advanced part payments
- More than 35 days – Deposit retained, other monies will be returned with a deduction of an administration fee of £10. Any returned monies will be made to the lead organiser only in one payment.
- Less than 35 days 100% of the total cost of the Arrangements in question
Where a whole booking is cancelled with more than 42 days’ notice your deposits are non-refundable but any final balances or part payments can be refunded to each individual with an administration charge of £5 per transaction.
3.4 All prices are inclusive of value added tax or similar sales tax.
4.0 CHANGES AND CANCELLATIONS BY US
4.1 Red Cactus Events reserves the right at any time to cancel or change any of the arrangements, services or prices, including accommodation, activities, restaurants, entertainment venues, tickets, transfers and to substitute alternative arrangements of comparable monetary value without compensation and accepts no liability for loss of enjoyment as a result of these changes.
4.2 Wherever possible we will always try and accommodate reduction in numbers incurring no cost to the group. However, should the numbers attending be insufficient to run all or part of the event we reserve the right to charge the group for the minimum numbers required for the event.
4.3 The majority of changes made by us will be minor for example a change in venue for an activity where the new venue also hosts the same activity or a change in accommodation where the accommodation is changed to the same or a higher standard. In the rare event that we are forced to change or cancel, we will inform you as soon as possible.
4.4 We will always endeavour to notify you of any changes as soon as possible. However, under no circumstance are we obliged to refund any element of a weekend cancelled due to war and, threat of war, riots, terrorist activity, industrial disputes, natural disasters, fire, airport closures (delayed flights), bad weather conditions and similar events beyond our control.
IF WE CHANGE YOUR ARRANGEMENTS BEFORE DEPARTURE
4.5 We hope and expect to be able to provide you with all the services we have confirmed to you in our Booking Confirmation. We plan arrangements in advance using independent suppliers such as venues, hotels, activity suppliers etc., over whom we have no direct control. On occasions changes do have to be made, and we reserve the right to make these. Most of these changes are minor. However, if we consider them a “Significant Change” we will endeavour to advise you as soon as reasonably possible. A Significant Change includes, purely by way of example, a significant change of booking destination.
4.6 In the case of a Significant Change before your departure we will provide you with three alternatives:
4.7 alternative arrangements of equivalent or of closely similar (‘like for like’) standard and price, if available, or
4.8 alternative arrangements of a lower standard together with a refund of the difference in price; or
4.9 cancel the particular arrangements effected with a full refund of all monies paid. In all 3 cases, compensation will be paid as detailed in clause 6.0 below unless the change occurs as a result of circumstances beyond our control where clause 7.0 will apply.
5.0 IF WE CANCEL YOUR ARRANGEMENTS
5.1 In the unlikely event we need to cancel your arrangements we will tell you as soon as possible. If we have to cancel your arrangements, we will provide you with three alternatives:
5.2 Alternative arrangements of equivalent or of very closely similar standard and price, if available, or
5.3 Alternative arrangements of a lower standard together with a refund of the difference in price; or
5.4 cancel the particular arrangements effected with a full refund of all monies paid. In all 3 cases, compensation will be paid as detailed in clause 6.0 below unless the change occurs as a result of circumstances beyond our control (in which case clause 7.0 will apply) or we cancel as a result of your failure to pay your deposit or the balance or any other sum when due or where clause
5.5 We regret that some arrangements shown on our website can only be operated if a sufficient number of people book onto the group booking. If there are insufficient numbers booked on your group, we have the right to cancel the arrangements in question or require an increase in the total payable by each person in the group. If we have to do so, we will tell you as soon as reasonably practicable and in any event prior to the arrangement starting. Where we cancel for lack of numbers in accordance with this clause, no compensation or other amounts (for example, the return of monies paid or the cost of any connected travel arrangements you have made independently) will be payable.
6.0 CHANGES AND CANCELLATION CHARGES
The following sets out the sums payable to us or you in the event of significant changes or cancellation. These sums are not payable where we have to make a Significant Change or cancel your arrangements as a result of:- (a) matters outside of our control when clause seven shall apply or (b) where your booking was accepted “subject to availability” or similar, and the arrangements are not available period before start date of arrangements in which notice of cancellation or Significant Change is received:
More than 35 days Amount you will receive from us if we make a Significant Change – Return of initial payment only Amount you will receive from us if we cancel – Return of any paid monies only Cancellation Charge if you cancel – Retention any paid monies
Between 35 days and 7 days Amount you will receive from us if we make a Significant Change – Return of monies paid for arrangement affected by significant change Amount you will receive from us if we cancel – Return of monies paid Cancellation Charge if you cancel – 50% of total price for each person in the group who cancels owed and retention of any monies paid.
Less than 7 days Amount you will receive from us if we make a Significant Change – Return of monies paid for arrangement affected by significant change Amount you will receive from us if we cancel – Return of monies paid Cancellation Charge if you cancel – 100% of total price for each person in the group who cancels owed and retention of any monies paid. NOTE “total price” means the total price payable by each person for the arrangements excluding any fees payable for any changes made by you to your booking
7.0 LIMITATION OF OUR LIABILITY TO YOU
7.1 We will not be liable where any failure in the performance of the contract is due to:
7.2 you; or
7.3 a third party unconnected with the provision of the arrangements and where the failure is unforeseeable or unavoidable; or
7.4 unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or an event which we or our suppliers, even with all due care, could not foresee or forestall.
7.5 Our liability, except in cases involving death, injury or illness, shall be limited in any event to a maximum of two times the cost per person of the arrangements per person affected.
7.6 Should you or any member of your group suffer illness, personal injury or death attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, we will offer you such advice, guidance and assistance as is reasonable in the circumstances.
7.7 Our liability will also be limited in accordance with and/or in an identical manner to:
7.8 the contractual terms of the companies that provide the arrangements which are incorporated into and form part of your contract with us; and
7.9 any relevant international convention, for example the Paris Convention in respect of the provision of accommodation, which limit the amount of compensation that you can claim and which are incorporated into and form part of your contract with us and we are to be regarded as having all the benefit of any limitation of compensation contained in any such conventions.
8.0 TRANSFERS BOOKED AS PART OF YOUR ARRANGEMENTS
Transfers are booked on behalf of the group, and as such, the transport provider’s insurance and conditions apply. We cannot accept any responsibility or liability whatsoever for traffic congestion, road accidents, adverse weather conditions, compliance with requests of the police, customs or other government officials and security services, or other matters outside our reasonable control and will not be liable for any inconvenience or loss incurred caused by a breakdown or unforeseen delay.
8.1 Unless otherwise expressly indicated by us in writing, excursions or other tours that you may choose to book or pay for whilst you are away are not part of the arrangements provided by us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
8.2 The provisions of clauses 7.1 to 7.5 inclusive are in addition to any other limitation of liability contained in these Booking Conditions.
8.3 Nothing in these Booking Conditions affects any statutory rights that you may have under the relevant jurisdiction applicable pursuant to clause 11.4.
9.0 YOUR RESPONSIBILITIES
9.1. SPECIAL REQUESTS
If you have a special request, we will do our best to help, but we cannot guarantee it except as set out below. Please advise us of your request at the time of booking and make sure that we are given as much detail as possible. If your special request is vital to your arrangements, it must be specifically agreed with us before or at the time you book. We will comply with any special request which we have specifically agreed and confirmed in writing. General confirmation that a special request has been noted or passed on to the supplier or the inclusion of a special request on your Booking Confirmation or on the acknowledgement of your booking or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed in writing all special requests are subject to availability. If any additional cost is applicable, it must be paid for immediately.
9.2 YOUR DOCUMENTATION
9.2.1 You are responsible for ensuring that you and all other persons included in your group satisfy all passport, visa, travel insurance and health certificate requirements and we accept no responsibility for any refusal of travel or entry into any destination or for any liabilities, losses, delays or expenses incurred through any irregularity in such documentation. If you have any queries with regard to documentation and insurance requirements you must raise them with us well in advance. This includes sufficient photo ID for venues requiring proof of age where we can accept no liability for refusal of entry, on this or any other grounds. In the event we are asked to re-issue tickets that have been lost, destroyed or stolen and we agree to do so, any charges incurred as a result of this will be payable by you.
9.3. HEALTH PRECAUTIONS
9.3.1 Some of our arrangements involve strenuous activities. It is your responsibility to ensure that you and your group members have the levels of health and fitness required for any particularly strenuous activities.
9.3.2 You must provide us with full details of any existing medical or physical problem (including unusual height or weight) or disability that may apply to any member of your group and which affect your arrangements (including, in particular, any accommodation requirements) at the time of booking. If in our reasonable opinion, your chosen arrangements are not suitable for the medical or physical problem or disability or you are not travelling with someone who can provide all assistance that may be required, we have the right to refuse to accept the booking or you may not be able to participate in certain events in which event we shall not be liable for any losses or compensation arising. If you do not give us full details of any medical or physical problem or disability at the time of booking, we can also cancel the booking when we find out the full details if in our reasonable opinion the arrangements are not suitable in the circumstances. If we cancel in this situation, monies paid towards the event will be non-refundable and cancellation charges as set out in clause 6.0 must be paid by the person concerned.
9.4.1 It is your responsibility to make sure you have suitable insurance in place prior to travel. We cannot be held responsible for any costs you incur as a result of failing to have suitable insurance in place prior to travel. If you are unable to attend all or some aspect of your arrangements for any reason outside of your control, and you have the appropriate cover in place, we will be happy to provide you with a Statement of Payments Received to support an insurance claim, but please note that we are unable to confirm or deny your participation in the event. 9.4.2 If you participate in sports and activities whilst travelling, whether or not organised and arranged independently of us, it should be understood that participation is at the individual’s own risk and it is your responsibility to ensure that such activities are covered by your insurance policy.
You must be responsible for the behaviour of yourself and your group, for the duration of the booking process and the event itself. We can refuse to accept you as a customer or refuse to continue dealing with you and/or any other member of your party by terminating your arrangements if behaviour is or is likely to be, in our reasonable opinion, or in the reasonable opinion of any accommodation supplier or other person in authority, disruptive, upsetting or dangerous to yourself or anyone else or if you or any member of your party have caused or are likely to cause damage to property. This includes but is not limited to the possession and consumption of illegal substances by any members of the group, which is strictly prohibited during all aspects of the itinerary. We will not pay any refund, compensation or other sum whatsoever or any costs or expenses incurred by you if we have to terminate your arrangements due to such unacceptable behaviour. In this situation we will then have no further responsibility for you or any other member of your party (including any return travel arrangements) and reserve the right to pass the contact details of the group leader to the provider in location, in order that they can attempt to recoup any charges they deem to be due in relation to damages caused by you, in line with clause H.2 below. Please be aware that if you have accommodation included in your arrangements, you are likely to be charged a refundable security bond on arrival. It is at the discretion of the accommodation provider to decide upon reasonable deductions for any damage incurred directly by your group, during your stay.
9.6. ACTIVITY TIMINGS AND LOCATIONS
Our itineraries are designed for you to achieve maximum enjoyment from your arrangements. The general advice and timings provided must be adhered to at all times and failure to do so may result in your group being unable to participate in particular activities. We cannot be held liable should you fail to follow our advice or adhere to our planned timings. You are required to contact us immediately if any information which appears on the Provisional Itinerary and/or Final Itinerary or elsewhere appears to be incorrect or incomplete, as it may not be possible to make changes further down the line. Please note on occasion certain activities such as dance classes and cocktail making will not confirm the venue until around one week prior to the activity commencing and as a result your itinerary may be sent without the location and will be confirmed to you nearer to the date of the activity in question taking place.
9.7. ACCOMMODATION AND SINGLE SUPPLEMENTS
When a group is staying at a hotel and there is an odd number in the group on any given night, we will, where possible try to place individuals in a triple room. If this is not possible a single supplement must be paid to cover the sole occupancy charge levied by the hotel. The single supplement charge will be specific to your hotel. We always try to place groups in twin rooms where available however if these are not available you may be in triple or quad rooms.
9.8. ACCOMMODATION AND ACTIVITY LOCATIONS
We define a “centrally located hotel” or similar as one approximately ten minutes’ drive or less from the respective city centre. We define an acceptable distance for an activity to be within one hour’s drive or less from the city centre. If the arrangements we are holding for you fall outside of this, you will be informed at the point of booking. For London arrangements, these distances cannot be guaranteed but we will aim to make your arrangements with no more than 40 minutes’ travel time between each element which we deem to be acceptable within this location.
9.9. REFUND POLICY
If we confirm that a refund is due for an aspect of your booking, we will endeavour to process this within 14 working days, wherever possible.
10.0. IF YOU HAVE A COMPLAINT
10.1. If you have cause for complaint whilst on any of your arrangements, you must bring it to the attention of any activity supplier or accommodation provider immediately. They will do their best to rectify the situation.
10.2. If your complaint is not resolved locally, or you wish to make a formal complaint about the service you have received from us, please send your comments in writing within seven days of your return home, either via email to email@example.com or by post to Red Cactus Events LTD, Merchant House, 5 East St Helen Street, Abingdon, OX14 5EG. Please give your lead customer name / Booking Reference and all other relevant information, keeping your account concise and to the point in order to assist us to quickly identify your concerns and speed up our response to you. Our After Care team will investigate the issues raised. They will endeavour to respond within 14 days of receipt and resolve any issues raised within 28 days.
10.3. Any claims for compensation, for example the request to refund unexpected travel costs incurred, must be received within three months of the departure date for them to be considered a valid receipt must be provided, without this we cannot provide any refund for unexpected travel costs.
10.4. Any groups found to be under the influence of alcohol before an activity will not be able participate in the event and will not be entitled to any refunds.
10.5. Should Red Cactus Events for any reason beyond its control be unable to gain entrance to a facility due to unforeseen circumstances where an activity is due to take place that results in a delay to the start time but the event is then carried out in full then the customer will not be liable for any damages or compensation unless the customer is unable to stay for the full event once the event gets under way. In the event that the customer is unable to stay any compensation will be dealt with on a case to case basis.
In the event of an activity being unavailable we will endeavor to offer an alternative activity on the day of your event if we are able to offer an alternative, in the event that an alternative activity is offered to your group and accepted by your group by taking part in the activity a refund will not be applicable unless there is a different in cost between the original booked activity and the alternative participated in.
10.6. Red Cactus Events has the right to make any venues changes, within reason i.e. double bookings, venue closed, suitability etc this can be done up to the day before the event date with notification given as soon as possible. In the event that we cannot contact you by phone an email will be sent to the lead customer informing of the change, it is up to the customer to check emails and voicemails before each activity. It is extremely rare that we make changes within 14 days of your event but if we do we will endeavor to get a similar venue as close as possible to your original venue. In the event of a like for like venue being found no refunds will be offered and we will not be liable for damages or compensation, i.e. Travel costs, hotels etc.
10.7. Complaints regarding product quality, staff attitude and venue facilities will be dealt on a case to case basis and an appropriate refund will be issued accordingly. If you choose to leave your event early against the wishes of the supplier or ask for your event to be finished early against the wishes of the supplier no refund will be provided.
11.1. CHANGES DUE TO CIRCUMSTANCES BEYOND OUR CONTROL
We will not be liable to pay any compensation if we are forced to cancel or in any way change your arrangements as a result of unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even with all due care. These include unavoidable technical problems with transport, war or threat of war, civil strife, industrial disputes, natural disaster, bad weather, epidemic or terrorist activity.
11.2. DATA PROTECTION
Information about you and members of your party, including your names, contact details and any special needs, disabilities or dietary requirements is collected by us when you request information or make a booking with us. We may disclose this information to our service providers (who may be located outside the UK/EEA) for the purpose of providing you with your arrangements or for any purpose directly relating to your weekend. From time to time we may contact you by email or SMS with information about special offers or packages. If you do not wish to receive such information, please notify us. You have the right to ask us in writing for a data subject access request form to obtain a copy of the information which we hold about you. Any request should be addressed to Red Cactus Events Limited, Merchant House, 5 East St Helen Street, Abingdon, OX14 5EG.
11.3. By booking with us in the role of group leader, you agree to your name and email address being shared with any guests (‘group members’) that you choose to invite via your dedicated event web page, for the sole purpose of them being able to communicate with you about the booking, for which you assume responsibility.
11.4. JURISDICTION/GOVERNING LAW
We both agree that any dispute, claim or other matter of any description (and whether involving personal injury or not) which arises out of or in connection with your booking must be brought in the Courts of England and Wales only (unless you are a resident of Scotland or Northern Ireland in which case any proceedings must be brought in either the Courts of your own country or those of England and Wales). We both also agree that English law (and no other) will apply to your contract (unless proceedings are brought in Scotland or Northern Ireland, in which case Scottish or Northern Irish law, as applicable, will apply instead). If this provision is not acceptable to you, you must tell us at the time of booking.
12.0 WEBSITE AND QUOTATIONS
12.1 All website and quote descriptions are made in good faith and every care is taken to ensure their accuracy. However, errors may occasionally occur. We cannot accept any liability for any errors or omissions except where these have arisen due to our negligence. We reserve the right to make changes to and correct errors in our website and quotes at any time. While we provide product images to give a close representation of the product, we reserve the right to use images that may not be of the exact product itself. We reserve the right to make changes to and correct errors in our website and quotes at any time. Images used are for illustration purposes and not that necessarily of the actual venue. Images of events that are being held outside or inside does not reflect your groups individual event, all images are for promotional purposes.
12.2 Please be aware that most daytime activities take place at outdoor activity centres / Sports Venues, these centres are not usually located in city centres/urban areas. Arrangements advertised and sold by us as taking place in or to any particular city/town may include activities in locations that we consider to be within a reasonable distance from your accommodation and/or that city/town. As a general guide we would consider a reasonable distance to be approximately 35 miles although this may be more for some exclusive activities.
12.3 Our Websites contain links to third party websites. These links are provided as a convenience to you and not as an endorsement by us of the contents on such third party websites. We are not responsible for the content of linked third party sites and do not make any representations regarding the content or accuracy of materials on such third party websites. Accessing linked third party websites is done at your own risk.
12.5 We do not regard submission of an enquiry form as confirmation of booking. full confirmation of your booking will be made in writing by e-mail. In making a booking with us acceptance of our booking terms and conditions is understood and in the case of group bookings, that the person making the booking is responsible for making all members of his or her group aware of these conditions. All prices quoted are inclusive of VAT.
13.0 PARTICIPATION AND TRAVEL INSURANCE
13.1 You should take out travel insurance suitable for your arrangements independently, if you choose not too you hereby agree to indemnify against us for any claim of loss or injury as you and your group members participate entirely at your own risk. Certain activity providers may insist you sign an insurance indemnity and waiver form; therefore, you participate at your own risk, and we shall not be liable for your participation. Participation in activities that are not booked as part of the itinerary or has been booked independently of the reservation will not be the responsibility of Red Cactus Events and we shall not be liable. Please also be aware that some hotels may require a security ‘bond’ to be placed on hold with a credit card or cash, upon check in. We will do our utmost to give you prior notice where this might happen, but on some occasions this may not be possible. We accept no liability for any damage caused by any member of your group and will provide your contact details to any supplier seeking to claim compensation as a result of the actions of your party.
13.2 You accept and agree to indemnify us and our suppliers of any claim for injury, death or failure when participation of the booked itinerary is conducted whilst under the influence of medication, drugs, alcohol or any other substance, or against advice. Participation within the booked itinerary is at the sole discretion of the service providers and you may be refused participation or entry if the service provider deems group member(s) to be under the influence of medication, drugs, alcohol or any other substance and if this occurs, the service providers’ decision is final and we accept no liability whatsoever and you agree to indemnify us of any claim. All suppliers and hotels have every right to terminate, without notice, your stay or activity under threat of vandalism, violence or any other behaviour deemed inappropriate by them. In such cases all insurances will be invalidated and you will not have any entitlement to a refund of any kind whatsoever. No refunds will be made if you or any group members choose to leave your arrangements early or choose, for whatever reason, not to participate in any of the events on your itinerary.
14.0 COMMUNICATION AND CORRESPONDENCE
In the first instance and based on your internet enquiry a written quotation will be emailed to you and if requested posted to your given address also. These terms and conditions will be made available to the customer at this stage. Once a booking is made with Red Cactus Events the majority of communication will be by email, once an email is received we will try to respond to this email within five working days, if your event is within five working days please call us on our contact number within office hours.
We are not responsible for emails being filtered into a junk folder or the customer not receiving the email. As standard, your final package will be emailed to you. Postal copies can be requested however carry a supplemental charge. Postal packages may vary in content. In most cases a map will be included within your emailed or posted final package. Maps are a guide only and Red Cactus Events are not responsible should these be inaccurate in any way.
15.0 TERMS AND CONDITIONS OF SUPPLIERS
Many of the arrangements which make up your booking are provided by independent suppliers. These suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
You must notify us of any medical conditions of any group member that may affect their participation. At the discretion of ourselves or our representatives, suppliers or agents who determine that you or a group member(s) are not fit to participate in any part of the itinerary due to poor, inadequate or deteriorating health and fitness or excessive alcohol, drug or other substance consumption, that part of the itinerary will be cancelled and no refunds will be due.
17.0 GOVERNING LAW AND JURISDICTION
Sales on this web site are governed by English law and you agree to submit any dispute to the non-exclusive jurisdiction of the English courts. All orders are subject to these terms and conditions and no amendments will be accepted by us. These terms and conditions do not affect your legal rights.
We accept no responsibility or liability for the content of web sites which are not under our control that link to this website.
We are required by law to tell you that sales can be concluded in English only.
We do not guarantee that this web site will be compatible with all customers’ computers.
18.0. EMAIL OPT IN
By signing up to the website, you accept that you wish to receive e-mail communication from your designated event organiser and Red Cactus Events. These could be e-mails with regards to promotions, offers and information about your own event. If at any time you wish to unsubscribe from these e-mails you can do so on any of our e-mails or by replying asking to be unsubscribed.
19.0 GENERAL TERMS AND CONDITIONS
These terms and conditions are in place to ensure the smooth running and enjoyment of your event. The provisions of these conditions are sever able and distinct from one another and, if at any time any of the provisions is or becomes invalid, illegal or unenforceable, the validity, legality or enforceability of the other provisions shall not in any way be affected or impaired. The headings in these conditions are for convenience only and do not affect the interpretation of the agreement. For the avoidance of doubt nothing in these conditions shall confer on any third party any benefit or the right to enforce any provision of these conditions.