Definitions
The parties referred to in these terms and conditions are as follows:
“Additional Services” means Services, which are agreed after the signing of this “Agreement”.
“Agreement” means the “Confirmation of Reservation” of event date and price.
“Balance” means the “Consideration” less the “Deposit” or "Reservation Fee" previously paid by the “Client”.
“Client” means the contracting Company or person.
“Company” means Hover Force Limited.
“Confirmation of Reservation” refers to the email sent to the Client detailing the booking.
“Consideration” means the consideration payable by the “Client” to the “Company” as stated in the “Agreement” and shall be calculated on the initial minimum number of participants indicated on the “Agreement” or the number actually attending, whichever is greater.
“Reservation Fee” means a non-refundable fee to cover the administration to create a group booking and hold it till it can be paid for in full.
“Deposit” means a deposit equal to 30% of the “Consideration” or £100 as determined by the Company.
“Event Date” means the date as stated within the “Confirmation of Reservation” on which the “Services” will be provided by the“Company” to the “Client”.
“Participant” means all or any invitees of the “Client”.
“Payment Dates” means the dates upon which the “Deposit” and the “Balance” are due and payable to the “Company”.
“Representative” means any person or persons acting as servants or agents of the “Company” or independent contractors from time to time employed by the “Company”.
“Minimum Period of Notice” the minimum number of days by which the “Client” must notify the “Company” in writing and it be agreed by the “Company”:
16 or more “Participant” required 28 days’ notice. 56 days' notice for saturdays
“Services” means all services provided by the “Company” at the request of the “Client”.
The “ Lead Name” is the person who books or represents the Client if the Client does not attend
Short Notice” within 3 days of event taking place
Application of Terms and Conditions.
These Terms constitute an agreement between the Company and the Client who is making the Booking or participating in the Events and will apply to any Booking made.
Our Terms include important information about our Events including any restrictions on who can or cannot take part in them. Give them a good read!
If the Client or any Participant suffers from any pre-existing medical condition, we recommend that they contact us before booking to ensure it does not preclude them from participating in any of our Events. Failure to do so may mean they or the relevant Participant cannot take part and no refund would be payable by the Company.
The Client acknowledges that they have read all these Terms (including the important bits) and they agree to make sure all Participants are aware of and have accepted these Terms.
Please note, by booking or participating in any of our Events the Client and Participants accepts and agrees to be bound by these Terms.
These terms and conditions apply in respect of all Services and Additional Services supplied or carried out by the Company under this Agreement on the Event date and no modification thereof is binding unless in writing and signed by a Duly Authorised Officer of the Company. These terms and conditions override any other terms and conditions stipulated, incorporated or referred to by the Client.
The contract to which these terms and conditions apply shall not be assignable, and such a contract shall be governed by and construed in all respect in accordance with the laws of England.
Payment
All payments are in full at the time of booking for all bookings where the value is less than £500 or for Group booking of 10 people or less.
For All Group bookings of 11+ people and greater than £500 value the Client shall pay a non-refundable Deposit to the Company to secure an Event Date. The Client shall confirm the Minimum Group size 14 days later or by the Minimum Period of Notice whichever comes first and pay the Balance of the Considertaion to the Company by the stipulated payment date which is confirmed when the booking is made. Where the Payment Date is not stipulated then the date by which all monies must be received will be no later than 42 days before the Event Date.
For B2B/Corporate Clients booking for 20 people or more a Reservation Deposit of 30% will be taken to confirm the booking. The minimum guaranteed participants must be confirmed by the Minimum Period of Notice with full payment to be made no later than 14 days prior to the event.
Full payment includes your admission fee and therefore must be made before you start your Event.
Additional Services shall be payable to the Company no later than 7 days prior to the Event date. Any Additional Services requested after this time shall be subject to a separate invoice which shall be payable by the Client to the Company no later than 14 days after the Event Date.
Until the Company issues a Confirmation of Reservation and Client has paid in full or a Reservation Deposit has been received from the Client, the Company shall be under no obligation to retain any particular Event Date for the Client and will be free to offer it to other interested parties. The Event shall not run unless the Company has received the full Consideration by the stated time.
The Company also reserves the right to charge a £30.00 administration charge should the consideration not be paid by the due date. Such charge will continue on a daily basis until the event is paid for in full or cancelled which ever shall occur first,
Cancellation Terms.
Any booking over the phone or via website can be cancelled and refunded in full up to 14 days after the Confirmation of Reservation email is issued the first time. If the booking is made or cooling off period falls within the Minimum Period of Notice then the cooling off period is reduced to 48hrs.
If booking a special offer or within 7 days then the cooling off period is limited to 24hrs. Without exception No cancellation will be accepted when there are less than 48hrs to the check in time detailed on the booking confirmation.
It is the full responsibility of the Client to establish contact using email as the primary ensuring that this is communicated to bookings@hoverforce.co.uk and followed up with a telephone call to confirm that this is received by the Company.
After the cooling off period has expired there are no refunds issued except where outlined in Clause 12. Force Majeure.
The Company may at its own discretion offer a Voucher in lieu of any monies forfeited.
For B2B/ Corporate Clients booking for 20 people or more, cancellations will be permitted up to the Minimum Period of Notice (28 days' notice for weekdays/ 56 days' notice for saturdays) provided the Reservation Deposit of 30% has been paid in full. The Reservation Deposit will be retained by the Company. Cancellation inside the Minimum Period of Notice the Client is liable for 100% of the Consideration with payment due immediately.
Postponement.
The event date can be changed provided the Minimum Period of Notice is given.
Individual bookings upto 4 Participants may be postponed after the giving of at least 7 days’ notice. For Saturday reservations this is 14 days’ of notice
Group bookings of 5-15 Participants may be postponed after the giving of at least 14 days’ notice. For Saturday reservations this is 28 days’ of notice.
Group bookings of 16 or more Participants may be postponed after the giving of at least 28 days’ notice. For Saturday reservations this is 56 days’ of notice.
Any booking changes will incur a late cancellation charge of 30% of value or a minimum of £20 per person.
In the event that a Client books at short notice within the Minimum Period of Notice or has booked a Special Deal or Sales Package and is unable to attend for any reason then the payment made by the Client will be forfeited.
Where an alternative date cannot be determined the Company may at its own discretion offer a Voucher in lieu of any monies forfeited.
Change in Numbers.
A request to increase the number of guests may be made at any time after the Confirmation of Reservation subject to availability. Any extra guests must be paid for according to the current price list at that time. Once the Event Date is booked and after the 14 day cooling off period there are no refunds except where detailed under 4.1 Cancellation.
For B2B/ Corporate Clients booking for 20 people or more, adjustments in numbers will be permitted up to the Minimum Period of Notice provided the Reservation Deposit of 30% has been paid in full. Once the Minimum Period of Notice is reached the guaranteed minimum group size must be confirmed. Additional places can be added after this time subject to availability.
Booking Errors. The last issued Confirmation of Reservation that has been emailed to the Client will be held as correct irrespective of any prior emails or alleged phone converstions. In the event that a change is made to your booking you will be contacted by phone, sms and by email to confirm acknowledgement of any changes the Client requested or The Company has had to apply. In the circumstance the Client books the wrong event and or is prohibited from taking part due to restrictions displayed on the website the Company will not be held responsible and the Client will have no rights to refund. The Company may at its own discretion may offer an alternative event in lieu of any monies forfeited.
Damage. The Client is liable for all damage to equipment whether motorised or not beyond normal wear and tear to each and every vehicle or other item of equipment supplied by the Company arising out of any act or omission of the Client or any of their Participants. If any of the Participants are under the age of eighteen, prior written permission must be obtained from the Parent Guardian or Company/Association/Council before they can participate. If permission is granted then it is the responsibility of the Parent/Guardian or Company/Association/Council to ensure that all their Participants have sufficient command of the English language in order that they understand instructions given to them in the safety briefing and whilst driving. Should any participant being under the age of eighteen years but driving with the permission of the Parent/Guardian or Company/Association/Council then should any accident occur resulting in damage to the equipment then the Parent/Guardian or Company/Association/Council will take full responsibility for the repairs of the damaged item or items and reimburse the Company for such repairs.
Behaviour. The Client for and on behalf of itself and each and every Participant agrees to abide by and comply with any request or instruction made by or on behalf of the Company on the grounds of safety whether it be the safety of the Client, the Participants or some other person or on any other reasonable grounds. The opinion of the Company and its Representatives shall be final as regards any matters of safety and the Client for and on behalf of itself and every Participant agrees to abide by such opinion howsoever expressed. Any Abusive or threatening behaviour will not be tolerated and will be treated strictly and the event will be terminated for the entire group without refund. If in the opinion of the Company or its Representative the Client or a Participant is or may be behaving dangerously or is acting in a manner which will or may in the opinion of the Company or its Representative lead to a disruption of services at the contracted Event the Client or the Participant will at the request or instruction of the Company or its Representative leave the site of the Event for the remainder of the day contracted for and in such circumstances the Company and its Representative shall be under no further liability to the Client or the Participant as the case may be. The Company reserves the right to suspend all activities at the contracted Event until any request or instruction to leave as aforesaid has been fully complied with. The Company will not allow any participant to use any of the activities if in the sole opinion of the Company or its Representative the participant is under the influence of alcohol or drugs or any other substance which would likely impair the participant in the use of any activity. The Company reserves the right to request any such participant to leave their site. The Company’s decision shall be final and there shall be no right of appeal against the decision. If the participant refuses to leave then the Company shall be within its rights to cancel the remaining activities and dismiss all participants from their site without refund or any compensation or damages being payable.
Alcohol & Drugs. WE HAVE A ZERO TOLERANCE ON DRUGS & ALCOHOL. ANYONE SUSPECTED OF BEING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS WILL NOT TAKE PART IN ANY ACTIVITIES. No consumption will be permitted on the premises and anyone found to be doing so will take no further part in the events and will be asked to leave the premises.
Indemnity Form. Prior to the commencement of the Event the Client and all Participants must sign an Indemnity Form, the terms of which will be available on request. Until a Participant has signed such disclaimer s/he will not be permitted to participate in any Event or Activity. Photo ID is compulsory to be able to participate in any Live Fire experiences. A valid Full Driving Licence is required for the Rebel Rally Buggy package.
Insurance. The Company carries £10,000,000 public liability insurance for any one claim or series of claims arising from one occurrence and unlimited in the aggregate in the Period of Insurance.
Force Majeure. If the Company is unable to perform any of its obligations under this Agreement by reason of any circumstances, cause or event outside its control including (without limitation of the generality of this Clause) any governmental restrictions, adverse weather, riot, commotion, acts of God, industrial action, breakdown of plant or any failure of gas, water service, electricity etc., the Company shall be entitled to be relived of its obligations hereunder to the extent to which performance of the obligations is prevented, frustrated or suspended. The Company will use its best endeavours to reschedule the event as soon as practicably possible after such occurrence as listed. In the event that it is not possible to reschedule for any reason the circumstances of non-performance if the obligations of the Company hereunder shall not entitle the Client to claim damages of any kind whatsoever whether direct, indirect or consequential. Where a Gift Voucher validity period has been affected the Company will extend the Expiry Date of the Voucher to allow for the period that the Company’s obligations could not be performed. In all other cases the by agreement the Client can ask for a postponement or is entitled to a full refund.
Refusal of Admission. The Company reserves the right in its absolute discretion to object to the attendance, on behalf of or at the request of the Client, of any person(s) and the Company reserve the right in its absolute discretion to refuse admission to the Client or any of the Participants.
Late Arrivals. The Company reserves the right in its absolute discretion to refuse admission to the Client or any of the Participants should they arrive later than the scheduled arrival time or miss the safety briefing. The Company shall not be held responsible for event any times being cut short as a result of Client or Participant lateness. The Client or Participants shall not be entitled to any refund as a result of any event being cut short.
Variations. No variation of this Agreement shall be binding upon the parties to this Agreement unless it is in writing and signed by the parties.
Amendments. No relaxation or indulgence which the Company may from time to time extend to the Client shall in any way prejudice or act as a waiver of the Company’s rights hereunder.
Event Timing. Event timings fluctuate subject to group size and is often affected by factors beyond the companies control for example but not limited to weather, participants. Whilst every effort is made to ensure that the Client or Participants do spend the allotted time on each event the Company may exercise its right to modify the package to regain the event timings which can include but not limited to, using additional instructors or resources. In so doing the Company cannot be held responsible if for any reason the time is less or the event is cut short as a consequence. The Client or Participants shall not be entitled to claim any refund in part or on the whole of the amount paid.
Non Attendance by Client. If for any reason the Client does not attend the event then the “Lead Name” or such person who represents the Client will supply at the request of the Company an acceptable form of Identification such as a valid Driving Licence, a Valid Passport such identification must include a Valid address. Moreover, and to prevent Fraud the “Lead Name” will be required to guarantee the booking by furnishing details of a Valid Credit/Debit Card which, in the event of the original Credit/Debit card being charged back, declined or cancelled then the “Lead Names’” Credit/Debit Card will be substituted and payment in respect of all the activities undertaken will be charged to the substituted Credit/Debit Card and by signing the Credit/Debit card form the Lead Name irrevocably agrees to authorise such transaction. In the event that the “Lead Name” refuses to comply with this clause then the event will be cancelled and no refund will be given.
Competence. It is at the sole discretion of the Instructor to allow participants to use the equipment. If any Instructor believes that a particular participant cannot, in view of all the circumstances, competently handle any equipment in a safe and confident manner s/he may refuse to allow that participant for their own safety to take part in certain elements. Should that event arise the refused participant will have no claim against the company, nor shall they be entitled to any refund.
Accidents. In the event of an accident occurring in any activity the participant will complete the accident damage form giving full details of how the accident occurred, the damage sustained to both the participant and the equipment. The participant will also provide details of a credit/debit card and irrevocably agree to pay for such damage. The participant will not be allowed to leave the site until this clause has been complied with fully. In the event that the Participant does not have a credit/debit card then the Company will accept a substitute person who will give full details as requested by the Company and will irrevocably agree to pay for such damage/repairs.
Details of all accidents will be recorded in the Company’s accident report book. A copy of such report will be provided upon the request of the Client.
Vouchers. Vouchers are only redeemable during the life time purchased i.e within the period of validity. Vouchers must be used during their purchased lifetime and cannot be redeemed for a date outside the original purchase period. Unused vouchers or expired vouchers are not refundable. Vouchers include the admission fee and participation in the event. If an intended purchase is for a higher amount than the face value of the voucher(s), the difference can be made up with a card payment. If it is less, then change cannot be given. Vouchers can be extended (subject to a £20 administration charge per voucher) however they must be extended before the voucher expires. Vouchers may only be extended once during their lifetime.
Refunds. There are no refunds on Gift Vouchers once the 14 Day cooling off period has finished without exception for specific reference CLICK HERE. For all other bookings refunds will only be given under exceptional circumstances. If the Company deem it necessary to cancel or stop an event for any reason, then an alternative date or time will be arranged. The company will not be responsible for any costs incurred in the client attending the alternative date. The Company will try by all means of contact that we have to make you aware of the cancellation the day before your event, however this will not always be 24 hours notice due to weather conditions changing and event timings. Please monitor your phone and email for any updates and if in doubt please contact us. Under no circumstances assume that a booking is cancelled. The Company may at its own discretion offer a Voucher in lieu of any monies forfeited.
Under 18s. For insurance purposes, we may ask you to confirm the age of younger drivers and you confirm that all such persons under your care are old enough to take part. All under 18s must be accompanied by a parent or a nominated Guardian who has the parents’ permission. You sign to give your consent for their participation in the event and to indemnify them in event of damage, on the terms above.
Errors and Omissions
Any verbal misrepresentations given by a junior member of staff do not override these terms and conditions. The website descriptions are correct as at the time of booking and where there have been changes then the Confirmation of Reservation will clarify the relevant package description and can only be clarified or altered by senior management. In all cases these terms and conditions are definitive and cannot be altered.
Activities in General
The Company reserves the right in its sole discretion to change or swop activities without notice if in sole opinion of the Company it is not possible for reasons outside the Company’s control to run a particular activity. Should the Client or participant refuse to accept the change then a voucher for the original activity will be offered and the Client or participant will have no other claim against the Company.
Complaints and Disputes. Any disputes or complaints must be brought to the attention of the Company in writing within fourteen (14) days from the occurrence which gave rise to the complaint / dispute. On receipt the Company will respond within 14 days in writing. The Company will endeavor to investigate and resolve such a dispute or complaint without involving third parties. In the event of a complaint or dispute not being satisfactorily resolved both the Company and the Client hereby agree that the dispute will be settled and determined by arbitration pursuant to the laws of England and Wales under the provision of the Arbitration Act of 1996.
