Terms and Conditions
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Event Outside Our Control
|As defined in clause 9.2
the booking made by you for the Services
the booking confirmation emailed to you from Us
the booking fee paid by you when making a booking 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.
2.1 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 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.
3.1 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 1, We will notify you in writing.
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 following links for each policy and procedure:
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.
5.1 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.
6.1 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 payment for the Services.
All Bookings will be treated as provisional until We send to you the Booking Confirmation by email.
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.
8.1 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 parents/guardians of children failing to adhere to Our policies and procedures as referred to in 4.1 above;
8.2.2 children unable to attend the Services for reasons including but not limited to sickness and parent/guardian sickness, issues or other commitments;
8.2.3 severe weather conditions;
8.3.4 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
8.3.5 interruption or failure of utility services at the Location.
8.3 If We are unable to provide the Services due to an Event Outside Our Control referred to in 8.2.1 and 8.2.2, please refer to clause 9.2 for details of the Administration Fee.
8.4 If We are unable to provide the Services due to an Event Outside Our Control referred to in 8.2.3 to 8.2.5 and you have paid for Services that have not yet been performed and will not be performed, We will refund you for those.
8.5 If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:
8.5.1 we will contact you as soon as reasonably possible to notify you; and
8.5.2 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.
9.1 You may cancel a Booking at any time by notifying Us in writing immediately. We will confirm your cancellation in writing to you. 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.
9.2 If you cancel a Booking within 14 days of the Commencement Date but more than 24 hours before 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.
9.3 If you cancel a Booking within 24 hours of 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.
9.4 Sections 9.1, 9.2, 9.3 & 9.4 do not apply to termly after school club sessions booked through Fun Fest Eton on behalf of themselves or external providers. In these cases, no refunds will be available.
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 clauses 8.2.1 or 8.2.2 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 made any payment in advance for Services that have not been provided to you, We will refund these amounts to you.
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.
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 within 48 hours of the Commencement Date, please refer to clause 9.2 for details of the Administration Fee.
- Information about Us and how to contact Us
We are a limited company incorporated in England and Wales under company number 09063175. Our registered office is at 5-6 Greenfield Crescent, Edgbaston, Birmingham, B15
If you have any questions or if you have any complaints, please contact Us. You can contact Us by telephoning 0121 726 2595 or write to us by e-mailing us at [email protected]
12.1 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 [EMAIL ADDRESS]. 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.
13.1 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.
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.
- 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.