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ExperienceDayGifts

A UK Company

Sunday, September 05, 2010




Agency

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.



© Experience Day Gifts & MPRD 2007. All Rights Reserved. All Trademarks Acknowledged. Design by Guy Somerville