Terms and conditions

 

1. Definitions

1.1   When the following words with capital letters are used in these Terms, this is what they will mean:

Booking

Booking Confirmation

Booking Fee

Commencement Date

Event Outside Our Control

Location

the booking made by you for the Services

the booking confirmation emailed to you from Us

the total fee paid by you for the Services

the date at which the Services commence

is defined in clause 8.2

the location at which the Services are to be provided as set out in the Booking Confirmation

Services

the provision of holiday camps, activity classes and after-school clubs for children

Terms

the terms and conditions set out in this document

We/Our/Us

Fun Fest Franchising (UK) Limited

 

1.2             When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.

2. Our contract with you

2.1             These are the terms and conditions on which We supply Services to you.

2.2             Please ensure that you read these Terms carefully and check that the details on the Booking are complete and accurate. If you think that there is a mistake with your                                                                                                                                                           

                  Booking, please contact Us to discuss.

2.3             When you submit the Booking to Us, this does not mean We have accepted your Booking for Services. Our acceptance of the Booking will take place as described in clause 2.4.      

                  If We are unable to supply you with the Services, We will inform you of this and We will not process the Booking.

2.4             These Terms will become binding on you and Us when We provide you with the Booking Confirmation, at which point a contract will come into existence between you and Us.

3. Changes to our terms

3.1             We may revise these Terms from time to time in the following circumstances:

3.1.1          changes in relevant laws and regulatory requirements; or

3.1.2          changes in the way in which We provide our Services.

3.2             If We have to revise these Terms under clause 3.1, We will notify you in writing.

4. Policies and Procedures

4.1             Due to the nature of the Services provided by Us, We are Ofsted registered and as a result you, and all persons connected with your Booking and the provision of the                          

                 Services must adhere to Ofsted’s, and Our, policies and procedures. Please click on the icon at the bottom of the page for the link to our policies and procedures.

4.2             You agree to carefully read and adhere to each policy and procedure. Failure to carefully read or adhere to each policy or procedure may result in Us withdrawing the

                  Services and you shall not be entitled to a refund or credit of the Booking Fee.

5. If there is a problem with the services

5.1             In the unlikely event that you are not satisfied with the Services please contact Us and tell Us as soon as reasonably possible. If once We have completed our Services                        

                  you are not wholly satisfied, you will give Us notice in writing immediately.

5.2             If you are a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care, or not as described. Advice about your legal rights is

                 available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

6. Bookings and Booking Fees

6.1             The fees for our Services are as stated on Our website. We will ask you to make an up-front payment by credit or debit card to secure the provisional Booking. Your rights 

                  to a refund on cancellation are set out in clause 9.

6.2             You will make a Booking by:

6.2.1          completing our online form;

6.2.2          carefully reading these Terms;

6.2.3          carefully reading Our policies and procedures referred to in 4.1 above; and

6.2.4          making a card or voucher payment for the Services.

All Bookings will be treated as provisional until We send to you the Booking Confirmation by email.

7. Our liability to you

7.1             Nothing in this Agreement shall limit or exclude Our liability for:

7.1.1          death or personal injury caused by its negligence;

7.1.2          fraud or fraudulent misrepresentation; or

7.1.3          breach of the terms implied by Consumer Rights Act 2015 or any other liability which cannot be limited or excluded by applicable law.

7.2             Subject to clause 7.1, We shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in

                  connection with this Agreement for:

7.2.1          loss of profits;

7.2.2          loss of sales or business;

7.2.3          loss of agreements or contracts;

7.2.4          loss of anticipated savings;

7.2.5          loss of or damage to goodwill;

7.2.6          loss of use or corruption of software, data or information; and

7.2.7          any indirect or consequential loss.

7.3             Subject to clause 7.1, Our total liability to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with                  

                  this Agreement shall be limited to the cost of the Services paid by you.

8. Events Outside Our Control

8.1             We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our                  

                  Control.

8.2             An “Event Outside Our Control” means any act or event beyond Our reasonable control. Such events include but are not limited to:

8.2.1          severe weather conditions;

8.2.2          an inability to access the Location for such reasons including but not limited to act of god, war, strike, lock-out, industrial action, fire, flood, drought, tempest or any other

                 event beyond Our reasonable control; or

8.2.3          interruption or failure of utility services at the Location.

8.3             If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:

8.3.1          we will contact you as soon as reasonably possible to notify you; and

8.3.2          our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control.                      

                 Where the Event Outside Our Control affects Our performance of Services to you, We will continue to provide the Services as soon as reasonably possible after the Event                    

                 Outside Our Control is over.

9. Your rights to cancel and applicable refund

9.1             You may cancel a Booking at any time by notifying Us in writing immediately. We will confirm your cancellation in writing to you.

9.2             If you cancel a Booking more than 14 days in advance of the Commencement Date, We will provide you with a full refund of the Booking Fee.

9.3             If you cancel a Booking within 14 days of the Commencement Date We will not provide you with a refund of the Booking Fee due to the costs incurred by Us in preparing      

                  to provide the Services. We will credit the Booking Fee you have paid to another Booking at a later date.

9.4             If you cancel a Booking on or after the Commencement Date We will not provide you with a refund of the Booking Fee and We will not credit the Booking Fee to another

                 Booking at a later date.

10. Our rights to cancel and applicable refund

10.1           We may have to cancel a Booking before the Commencement Date for the Services, due to an Event Outside Our Control as referred to in clause 8.2 or the unavailability                    

                  of key personnel without which We cannot provide the Services. We will promptly contact you if this happens.

10.2           If We have to cancel a Booking under clause 10.1 and you have paid for Services that have not yet been performed and will not be performed, We will refund you for                              

                  those.

10.3           Once We have begun to provide the Services to you, We may cancel the contract for the Services at any time by providing you with at least 14 calendar days' notice in                        

                  writing. If you have made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.

10.4           We may cancel the contract for Services at any time with immediate effect by giving you written notice if:

10.4.1       the conduct of children or their parents/guardians is of a disruptive or hazardous nature or the child’s presence is a hazard or risk to other attendees;

10.4.2       parents/guardians of children fail to adhere to Our policies and procedures as referred to in 4.1 above; or

10.4.3       you breach the contract in any material way and you do not correct or fix the situation within 7 days of Us asking you to in writing.

10.5           In the event We cancel the contract for Services for any of the reasons referred to in clause 10.4, We will not provide you with a refund of the Booking Fee and We will not                      

                 credit the Booking Fee to another Booking at a later date.

11. Variations to your Booking

You may make a change to your Booking and We will credit your Booking Fee to an alternative Booking. In the event you wish to make a change to your Booking on or after the Commencement Date, We will not credit the Booking Fee to another Booking at a later date.

12. Information about Us and how to contact Us

12.1           We are a limited company incorporated in England and Wales under company number 09063175. Our registered office is at 2 Water Court, Water Street, Birmingham,                          

                  England B3 1HP.

12.2           If you have any questions or if you have any complaints, please contact Us.

                   You can contact Us by telephoning 01212740255,  writing  to  Fun Fest Holiday Club, Day Care at Saint Martin’s, Malvern Hall, Brueton Avenue, Solihull B91 3EN or                              

                   emailing solihulloffice@funfestholidayclub.co.uk

12.3           If you wish to contact Us in writing, or if any clause in these Terms requires you to give Us notice in writing (for example, to cancel the contract), you can send this to Us by                    

                  e-mail to solihulloffice@funfestholidayclub.co.uk. We will confirm receipt of this by contacting you in writing. If We have to contact you or give you notice in writing, We will                  

                 do so by e-mail, by hand, or by pre-paid post to the address you provide to Us in the Order.

13. How we may use your personal information

13.1           We will use the personal information you provide to Us to:

13.1.1       provide the Services; and

13.1.2       process your payment for such Services.

13.2           We will not give your personal data to any third party without your consent.

14. Photographs

During the provision of the Services it is likely that the children in attendance may be photographed by Us or local newspapers for the purposes of displays within the Location or advertisement.

If you do not consent to your child being photographed during the provision of the Services you must confirm this when completing the online booking form.

15. Other important terms

15.1           We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify you in writing if this happens, but this will not affect your                      

                  rights or Our obligations under these Terms.

15.2           This contract is between you and Us. No other person shall have any rights to enforce any of its terms.

15.3           Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain                    

                  in full force and effect.

15.4           If We fail to insist that you perform any of your obligations under these Terms, or if We do not enforce Our rights against you, or if We delay in doing so, that will not mean                      

                 that We have waived Our rights against you and will not mean that you do not have to comply with those obligations. If We do waive a default by you, We will only do so in    

                 writing and that will not mean that We will automatically waive any later default by you

15.5          These terms are governed by English law.  You and We both agree to submit to the non-exclusive jurisdiction of the English courts