Please read the following important terms and conditions before you buy anything on our website and check that they contain everything you want and nothing that you are not willing to agree to.
Summary of some of your key rights:
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that in most cases, you can cancel within 14 days. If you agree the services will start within this time, you may be charged for what you’ve used.
The Consumer Rights Act 2015 says:
you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it;
if a price hasn’t been agreed upfront, what you’re asked to pay must be reasonable;
if a time hasn’t been agreed upfront, it must be carried out within a reasonable time.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 0808 223 1133.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below, which you should read carefully.
This contract sets out:
your legal rights and responsibilities;
our legal rights and responsibilities; and
certain key information required by law.
In this contract:
‘we’, ‘us’ or ‘our’ means Experience Group Limited; and
‘you’ or ‘your’ means the person using our site to buy services from us.
If you have any questions about this contract or any orders you have placed, please contact us by sending an email to email@example.com
We are Experience Group Limited (trading as Experience Hampshire), a company registered in England and Wales under company number: 13106272.
Our registered office is at: Rose Cottage, Shawford, Winchester, England, SO21 2BP.
Our VAT number is: 380 0018 40.
The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you.
1.1 We are an information service society. This means that we do not provide the experiences you can order through our website. Instead, any experience you purchase through us (Experience) will be provided by an independent third party (Experience Partner).
1.2 If you buy an Experience on our site you agree to be legally bound by this contract.
1.3 This contract is only available in English. No other languages will apply to this contract.
1.4 When buying any services on our site you also agree to be legally bound by any information we display on the web page for the Experience at the time you place your order. All of the above documents form part of this contract as though set out in full here.
2 Information we give you
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. This key information is contained in this contract.
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 Where we are required by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to provide key information about the Experience Partner, this will be set on the web page for the Experience, and any information about the Experience Partner on the web page for the Experience on the date you enter into this contract will form part of this contract.
2.4 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3 Your privacy and personal information
4 Ordering services from us
4.1 Below, we set out how a legally binding contract between you and us is made.
4.2 You place an order on the site by completing the online purchase form, providing us with your debit or credit card details and clicking the ‘Pay Now’ button. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.
4.4 When you place your order at the end of the online checkout process by clicking on the ‘Pay Now’ button, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by the Experience Partner.
4.5 Once you have placed your order, we will notify the Experience Partner of your order, and the Experience Partner will be given 48 hours either to accept or decline your order.
4.6 With the exception of taking and processing payments for the Experience on behalf of the Experience Partner, we are not the Experience Partner’s agent. We cannot accept orders on behalf of the Experience Partner.
4.7 We may contact you to say that the Experience Partner does not accept your order. This is typically for the following reasons:
4.7.1 the Experience Partner cannot carry out the Experience (this may be because, for example, the Experience Partner has a shortage of staff);
4.7.2 we cannot authorise your payment;
4.7.3 you are not allowed to buy the Experience from the Experience Partner;
4.7.4 the Experience Partner is not allowed to sell the Experience to you; or
4.7.5 there has been a mistake on the pricing or description of the Experience.
4.8 If the Experience Partner does not accept your order, we will email you to notify you of this, and arrange a refund to your debit or credit card of the payment you made when you clicked the ‘Pay Now’ button.
4.9 If the Experience Partner does not accept nor decline your order within 48 hours of us notifying the Experience Partner of your order, we will email you to notify you of this. We will cancel the order and arrange a refund to your debit or credit card of the payment you made when you clicked the ‘Pay Now’ button.
4.10 At the point that the Experience Partner accepts your order:
4.10.1 a legally binding contract will be in place between the Experience Partner and you to provide the Experience you ordered for the price paid during the online checkout process; and
4.10.2 the Experience Partner will provide the Experience as agreed during the online checkout process.
4.11 If you are under the age of 18 you may not buy an Experience from the site.
5 Cancellation During the Cooling-Off Period
5.1 You have the right to cancel this contract within the Cooling-Off Period (see clause 5.2 below) without giving any reason. However, you do not have the right to cancel if you requested for the Experience Partner to provide the Experience during the Cooling-Off Period. This is further explained in clauses 5.5 and 5.6 below.
5.2 The Cooling-Off Period will expire on the later of the following two dates:
5.2.1 14 days from the day on which we notify you that the Experience Partner accepts your order in our Confirmation Email; or
5.2.2 14 days prior to the Experience taking place.
5.3 To exercise the right to cancel, you must inform us of your decision to cancel this contract. Our preferred method for you to do this is by visiting our website, locating the booking that you would like to cancel using the ‘Bookings’ tab and then clicking on the ‘Cancel’ button. This activates an email to the Experience Partner to confirm your decision to cancel. You will also receive an email to confirm the details of your cancellation. You may, however, cancel this contract by any clear statement (eg a letter sent by post or email) using the contact details at the top of this page (see ‘Who are we?’)
5.4 If you cancel this contract by clicking the ‘Cancel’ button on our website, and you do not receive an email from us confirming the cancellation within 48 hours, please contact us immediately.
5.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the Cooling-Off Period has expired.
5.6 The Experience Partner will not provide the Experience during the Cooling-Off Period unless you ask the Experience Partner to. When you place an order for the Experience, you will be asked to tick a box to request the Experience Partner to provide the Experience during the Cooling-Off Period. By ticking the box, you acknowledge that you will lose your right to cancel this contract once the Experience Partner has provided the Experience.
5.7 This means that if you order an Experience to be provided by the Experience Partner during the Cooling-Off Period and the Experience has been provided during this period, you lose your right to cancel and will be required to pay the full price under this contract even if the Cooling-Off Period has not expired.
5.8 This does not affect the rights you have if the Experience is faulty. A summary of these rights is provided at the top of this page. See also clause 10 below.
6 Cancellation outside of the Cooling-Off Period
6.1 If you decide to cancel this contract outside the Cooling-Off Period, you may still cancel this contract, but you may be required to pay some or all of the price, even though the Experience Partner has not provided the Experience. More details can be found at clause 7.2.
6.2 To exercise the right to cancel, you must inform us of your decision to cancel this contract. Where you decide to cancel outside of the Cooling-Off Period, you must do this is by visiting our website, locating the booking that you would like to cancel using the ‘Bookings’ tab and then clicking on the ‘Cancel’ button. This activates an email to the Experience Partner to confirm your decision to cancel. You will also receive an email to confirm the details of your cancellation.
6.3 If you cancel this contract by clicking the ‘Cancel’ button on our website, and you do not receive an email from us confirming the cancellation within 48 hours, please contact us immediately.
6.4 This does not affect the rights you have if the Experience is faulty. A summary of these rights is provided at the top of this page. See also clause 10 below.
7 Effects of cancellation
7.1 If you cancel this contract during the Cooling-Off Period, and the Experience Partner has not already provided you with the Experience, we will reimburse to you all payments received from you.
7.2 If you cancel this contract outside of the Cooling-Off Period, we reserve the right to withhold the following amounts from any reimbursement we pay you depending on how far in advance of the Experience you cancel the contract:
7.2.1 if you cancel this contract more than seven days before the Experience, up to 50% of the price you paid for the Experience; or
7.2.2 if you cancel this contract seven days or less before the Experience, up to 100% of the price you paid for the Experience.
This is to cover any fees or costs the Experience Partner or we have incurred prior to you cancelling the contract. It will be the date on which you notify us of the cancellation, and not the date on which we receive notice of the cancellation that will determine the maximum amount we can withhold from any reimbursement we make to you, provided you are able to prove the date on which you sent notice of the cancellation of this contract to us.
7.3 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
7.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
7.5 If you cancel the Experience in accordance with clause 5.8 above, the Experience Partner may decide to deduct from any refund it agrees to provide you any fees it has paid in preparation for the Experience, including any fee it has paid us for arranging the Experience between it and you.
8 Carrying out of the services
8.1 The Experience Partner will provide the Experience at the time agreed during the online checkout process and as set out in the Confirmation Email (see clause 4.10).
8.2 The Experience Partner’s carrying out of the Experience might be affected by events beyond its reasonable control. If so, there might be a delay before the Experience Partner can start or restart the Experience, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but the Experience Partner will try to start or restart the Experience as soon as those events have been fixed.
9.1 We accept the following credit cards and debit cards: Visa, Mastercard and American Express We do not accept cash or cheques.
9.3 Your credit card or debit card will only be charged when you click the ‘Pay Now’ button during our online check out process.
9.4 All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
9.4.1 Verified by Visa
9.4.3 American Express SafeKey
9.5 If your payment is not received by us in accordance with clause 8.3, we may charge interest on any balance outstanding at the rate of four percentage points per year above Barclays Bank plc’s base rate. We will email you to let you know if we intend to do this.
9.6 Nothing in this clause affects your legal rights to cancel the contract during the Cooling-Off Period as set out in clauses 5 and 7, or outside of the Cooling-Off Period as set out in clauses 6 and 7.
9.7 All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate.
10 Nature of the services
10.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The Experience that the Experience Partner provides to you must be carried out with reasonable care and skill.
10.2 Under the Consumer Rights Act 2015, we must use reasonable care and skill when arranging the Experience between the Experience Partner and you.
11 Faulty services
11.1 Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
11.1.1 contact us using the contact details at the top of this page; or
11.1.2 visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.
11.2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
11.3 If the services we have provided to you are faulty, please contact us using the contact details at the top of this page.
11.4 If you are not satisfied with the Experience provided by the Experience Partner, you will need to contact the Experience Partner using the contact details on the web page for the Experience. While the Experience Partner is responsible for the Experience, we always welcome feedback on the experiences we advertise on our website, and any feedback you give us on the Experience may affect our decision to advertise the Experience on our website in the future.
12 End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
13 Limitation on our liability
13.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
13.1.1 losses that were not foreseeable to you and us when the contract was formed;
13.1.2 losses that were not caused by any breach on our part;
13.1.3 business losses; or
13.1.4 losses to non-consumers.
14 Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.
15.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the services we have provided or any other matter, please contact us as soon as possible using the contact details set out at the top of this page.
15.2 Our Complaint Handling Policy can be accessed here.
15.3 If a dispute cannot be resolved in accordance with our Complaint Handling Policy or you are unhappy with the outcome, you may want to use alternative dispute resolution (ADR). ADR is a process for resolving disputes between you and us that does not involve going to court.
15.4 You can submit your dispute to Centre for Effective Dispute Resolution (CEDR) by going to https://www.cedr.com/. CEDR is the ADR provider we use and is approved by the government to provide ADR services.
15.5 If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings.
15.6 The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
15.7 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.
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