Agency
Experience
Vouchers are sold by Experience Day Gifts as agent for businesses that provide
lifestyle and recreational services to customers. Experience Day Gifts is not a
provider of services and has no responsibility for any services provided or not
provided by any other party. Experience Day Gifts makes no warranty or
representation regarding the standard of any service to be provided. All
Experience Day Gifts vouchers are issued subject to the terms and conditions of
each business and these terms. We do not have any power to control suppliers'
operations. We take all reasonable precautions to ensure that the suppliers we
promote are safe and reliable. However, we make no guarantees or warranties
about the services that are provided to you by suppliers. Experience Day Gifts
acts as agent only. The suppliers provide services to customers directly.
Liability
Experience
Day Gifts has no liability for any act, omission or default, whether negligent
or otherwise, of any service provider. Experience Day Gifts has no liability
for any loss or damage occasioned by any negligent act or omission of any
service provider or third party. Where Experience Day Gifts’s liability cannot
be excluded, such liability is limited to the value of the voucher purchased.
Validity of Experience Vouchers
Our
vouchers for specific experiences, for example Hot Air Ballooning must be booked and taken within 9 months of purchase. Voucher extensions are
not available, it is the purchaser’s responsibility to book and partake the
experience before the expiry date on the voucher, so it is in your interest not
to let your voucher expire.
Availability
All
services are offered by suppliers subject to availability. Bookings should be
made at least 4 weeks in advance. If you would like to book during peak times
(such as weekends or holidays), you should book further in advance. We suggest
if you plan to purchase a voucher for a date listed a short notice, you call us
to ensure there is still availability before completing the transaction.
Cancellation
Once
your booking has been made, if you cancel it, you may incur a cancellation fee
from the supplier involved. Our suppliers operate under their own cancellation
policies which you will need to adhere to. In the case of short notice cancellations
you may lose your voucher completely if the supplier is unable to fill your
space on the day. If a supplier needs to cancel a service for any reason, you
will be notified as soon as possible in order to reschedule a convenient
alternative date. Experience Day Gifts will not reimburse any travelling,
accommodation or other expenses incurred by you or any other person in the
event of a cancellation.
The Weather
Many
experiences are weather dependent. You will have the supplier's details so you
can call to confirm whether adverse weather has been forecast by your supplier
on the morning of your experience. If bad weather affects a booking it will be
rescheduled at no cost to you. You are required to reschedule as the voucher is
non-refundable.
Complaints/problems
during your experience
If
you have a problem or a complaint on the day of service, please bring it to the
supplier's attention at your earliest opportunity preferably on the day of your
service.
Insurance
Some
of the services that we promote as agent are considered dangerous. Prior to
ordering or participating in any service you should be aware of the risks
involved. Experience Day Gifts can provide further information if you are in
any doubt about any service. Responsibility rests with you to make independent
enquiries with the supplier and other third parties as to the need to acquire
your own insurance cover. You may be asked to complete a waiver of
responsibility.
Service descriptions
Independent
service providers provide the information about their services. We try to
ensure that our promotional information is accurate and up-to-date. However,
the content or format of some services may change slightly from time to time.
The company providing the service (upon confirmation of each booking) will
provide the final details about each service. The relevant company will notify
you of any subsequent changes. Your participation in each service is
conditional upon your acceptance of the providing company's terms at the time
your booking is confirmed.
Illustrations
The
photographs used in any advertisement to illustrate multi-location services are
provided to us by suppliers and are used as an indication only as the machines,
vehicles, craft, animals and specific locales vary.
Venues
Experience
Day Gifts suppliers are located at many of the UK’s best locations. We are
continually adding locations but occasionally we may need to stop featuring
some venues. Where locations are described as "Nationwide" the
description is indicative only. Some services may not be available in remote
areas.
Session lengths
Session
lengths are approximate and are given by suppliers as a guide to the total time
you will be at their venue. Unless otherwise stated, you will normally take
your turn with the supplier's other customers and there may be waiting time
involved. Any itinerary provided to you is indicative only and the order of
events may change.
Restrictions
Certain
services provided by suppliers are subject to minimum age, health or other
requirements. These details are featured on the voucher. Please read this
information carefully once you have received it and notify us within seven days
if any service is unsuitable. Once you have confirmed a booking you may be
liable for supplier and/or agency charges if you are forced to cancel because
the minimum requirements are not met. Details of each supplier's requirements
are set out on the Experience Day Gifts website under each service. Please read
them carefully.
IMPORTANT LEGAL NOTICE
ATTENTION:
This legal notice applies to the entire contents of the websites under the
domain name www.experiencedaygifts.com and whatathrill.co.uk ("website") and to any
correspondence by e-mail between us and you. Please read these terms carefully
before using this Website. Using this Website indicates that you accept these
terms. If you do not accept these terms, do not use this Website. This notice
is issued by DEAN RAYBOULD(Company).
experiencedaygifts.com and whatathrill.co.uk are trading names.
1. INTRODUCTION
1.1 You may access this
Website without registering your details with us
1.2 By accessing any part
of this Website, you shall be deemed to have accepted this legal notice in
full. If you do not accept this legal notice in full, you must leave this
Website immediately.
1.3 The Company may revise
this legal notice at any time by updating this posting. You should check this
Website from time to time to review the then current legal notice, because it
is binding on you. Certain provisions of this legal notice may be superseded by
expressly designated legal notices or terms located on particular pages at this
Website.
2. LICENCE
2.1 You are permitted to
print and download extracts from this Website for your own personal use on the
following basis:
(a)
no documents or related graphics on this Website are modified in any way;
(b)
no graphics on this Website are used separately from accompanying text; and
(c)
the Company's copyright and trade mark notices and this permission notice
appear in all copies.
2.2 Unless otherwise
stated, the copyright and other intellectual property rights in all material on
this Website (including without limitation photographs and graphical images)
are owned by the Company or its licensors. For the purposes of this legal
notice, any use of extracts from this Website other than in accordance with
paragraph 2.1 above for any purpose is prohibited. If you breach any of the
terms in this legal notice, your permission to use this Website automatically
terminates and you must immediately destroy any downloaded or printed extracts
from this Website.
2.3 Subject to paragraph
2.1, no part of this Website may be reproduced or stored in any other website
or included in any public or private electronic retrieval system or service
without the Company's prior written permission.
2.4 Any rights not
expressly granted in these terms are reserved.
3. SERVICE ACCESS
3.1 While the Company
endeavours to ensure that this Website is normally available 24 hours a day,
the Company shall not be liable if for any reason this Website is unavailable
at any time or for any period.
3.2 Access to this Website
may be suspended temporarily and without notice in the case of system failure,
maintenance or repair or for reasons beyond the Company's control.
4. VISITOR MATERIAL AND
CONDUCT
4.1 Other than personally
identifiable information, which is covered under the Privacy Policy, any
material you transmit or post to this Website shall be considered
non-confidential and non-proprietary. The Company shall have no obligations
with respect to such material. The Company and its designees shall be free to
copy, disclose, distribute, incorporate and otherwise use such material and all
data, images, sounds, text and other things embodied therein for any and all
commercial or non-commercial purposes.
4.2 You are prohibited
from posting or transmitting to or from this Website any material:
(a)
that is threatening, defamatory, obscene, indecent, seditious, offensive,
pornographic, abusive, liable to incite racial hatred, discriminatory,
menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in
breach of privacy or which may cause annoyance or inconvenience; or
(b)
for which you have not obtained all necessary licences and/or approvals; or
(c)
which constitutes or encourages conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise be contrary to the law of
or infringe the rights of any third party, in the UK or any other country in
the world; or
(d)
which is technically harmful (including, without limitation, computer viruses,
logic bombs, Trojan horses, worms, harmful components, corrupted data or other
malicious software or harmful data).
4.3 You may not misuse the
Website (including, without limitation, by hacking).
4.4 The Company shall
fully co-operate with any law enforcement authorities or court order requesting
or directing the Company to disclose the identity or locate anyone posting any
material in breach of paragraph 4.2 or paragraph 4.3.
5. LINKS TO AND FROM
OTHER WEBSITES
Links to any third party
websites on this Website are provided solely for your convenience. If you use
these links, you leave this Website. The Company has not reviewed all of these
third party websites and does not control and is not responsible for these
websites or their content or availability. The Company therefore does not
endorse or make any representations about them, or any material found there, or
any results that may be obtained from using them. If you decide to access any
of the third party websites linked to this Website, you do so entirely at your
own risk.
6. DISCLAIMER
6.1 While the Company
endeavours to ensure that the information on this Website is correct, the
Company does not warrant the accuracy and completeness of the material on this
Website. The Company may make changes to the material on this Website, or to
the products and prices described in it, at any time without notice. The
material on this Website may be out of date, and the Company makes no
commitment to update such material.
6.2 The material on this
Website is provided "as is", without any conditions, warranties or
other terms of any kind. Accordingly, to the maximum extent permitted by law,
the Company provides you with this Website on the basis that the Company
excludes all representations, warranties, conditions and other terms
(including, without limitation, the conditions implied by law of satisfactory
quality, fitness for purpose and the use of reasonable care and skill) which
but for this legal notice might have effect in relation to this Website.
7. LIABILITY
7.1 The Company, any other
party (whether or not involved in creating, producing, maintaining or
delivering this Website), and any of the Company's group companies and the
officers, directors, employees, shareholders or agents of any of them, exclude
all liability and responsibility for any amount or kind of loss or damage that
may result to you or a third party (including without limitation, any direct,
indirect, punitive or consequential loss or damages, or any loss of income, profits,
goodwill, data, contracts, use of money, or loss or damages arising from or
connected in any way to business interruption, and whether in tort (including
without limitation negligence), contract or otherwise) in connection with this
Website in any way or in connection with the use, inability to use or the
results of use of this Website, any websites linked to this Website or the
material on such websites, including but not limited to loss or damage due to
viruses that may infect your computer equipment, software, data or other
property on account of your access to, use of, or browsing this Website or your
downloading of any material from this Website or any websites linked to this
Website.
7.2 Nothing in this legal
notice shall exclude or limit the Company's liability for:
(a)
death or personal injury caused by negligence (as such term is defined by the
Unfair Contract Terms Act 1977); or
(b)
fraud; or
(c)
misrepresentation as to a fundamental matter; or
(d)
any liability which cannot be excluded or limited under applicable law.
8. GOVERNING LAW AND
JURISDICTION
This legal notice shall be
governed by and construed in accordance with English law. Disputes arising in
connection with this legal notice shall be subject to the exclusive
jurisdiction of the English courts. Use
by you of this Website implies that you submit to the exclusive jurisdiction of
the English Courts.