Q LEISURE TERMS AND CONDITIONS
1.1 These are the terms and conditions on which we accept your Booking and how we provide event services to you
1.2 Please read these terms carefully before you submit your Booking to Us. These terms tell you who We are, how We will provide the event services to you, how either party may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact Us to discuss.
1.3 The contract between us consists of these terms and conditions the attached schedule and the Booking confirmation form.
1.4 When We use the words “writing” or “written” in these terms, this includes emails.
1.5 When We use the “Booking” We mean a Booking for one or more of our events as set out on our Website.
- INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We (or Us or Our) are Q Leisure Ltd a company registered in England and Wales. Our company registration number is 04840110 and our registered office is at Amelia House, Crescent Road, Worthing, West Sussex BN11 1QR
2.2 You can contact Us by telephoning our team at 01273 834403 or by writing to Us at firstname.lastname@example.org
2.3 Our Websites which details our event services are www.qleisure.co.uk and www.brightonkarting.co.uk
2.4 If We have to contact you We will do so by the telephone number or email address you provided to Us on your Booking form, which was completed via our Website or over the phone. It is therefore your responsibility to ensure the information you provide Us is correct.
- OUR CONTRACT WITH YOU
3.1 Our acceptance of your Booking will take place when you have paid the deposit in full and We have provided you a Booking confirmation number, at which point a contract will come into existence between you and Us. For the avoidance of doubt until the criteria in this clause has been completed your Booking is not confirmed there is no contract between Us
3.2 If We are unable to accept your Booking, We will inform you of this in writing and We will not charge you for the Booking.
3.3 We will assign you a Booking confirmation number. It will help Us if you can tell Us the Booking confirmation number whenever you contact Us about your Booking.
- YOUR RIGHTS TO MAKE CHANGES
4.1 If you wish to make a change to your Booking please contact Us. We will let you know if the change is possible. If it is possible We will let you know about any changes to the price or the timing or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
- OUR RIGHTS TO MAKE CHANGES
5.1 We may change your Booking or any of our event services in the following circumstances:
(a) to reflect changes in relevant laws and regulatory requirements or any advice, guidance or regulation given by a relevant authority.
(b) to implement minor technical adjustments and improvements.
(c) to reflect changes due to inaccurate or updated information which You provided to Us
(d) You or anyone in Your Booking does not comply with these terms and conditions or any of our rules and guidance’s set for our event services.
(e) adverse weather conditions
5.2 If We make any changes due to the circumstances in clause 5.1 then no refunds shall be given.
- PROVIDING THE EVENT SERVICES
6.1 We will supply the event services on the date and time set out on the Booking confirmation form.
6.2 You shall ensure that You and all members of the party under Your Booking comply with our event rules as set out in Schedule 1 which is attached to these terms and conditions
6.3 We shall supply the event services using all reasonable skill and care
6.5 If Your Booking is affected by an event outside our control then We will contact you as soon as possible to let you know and We will take steps to minimise the effect of the delay. Provided We do this We will not be liable for delays caused by the event and You have the following options
- a) reschedule Your Booking to an alternative date and time
- b) change the event activity
- YOUR RIGHTS TO CANCEL YOUR BOOKING
7.1 You may cancel Your Booking in writing up to 28 days prior to the event date at which point no further money is payable, however any deposit paid is non refundable.
7.2 You may cancel Your Booking at any time and receive a full refund only if one of the the following circumstances apply
- a) We have made a significant error in either the description or price of Your Booking and such error has a material effect on Your Booking,
- b) You have a legal right to end the contract because of something We have done wrong.
7.3 If you make a Booking then you do so at the risk that another lockdown may occur due to COVID-19 or similar event. In any circumstances where Your Booking cannot proceed as planned due to advice from the UK Government in relation to COVID-19 or similar event whether it is a full or partial national or local lockdown or any other restrictions imposed which may impact Your Booking. You acknowledge that our only obligation to You is to reschedule Your Booking to a convenient date and time once the restrictions have been lifted. No refunds will be payable
- OUR RIGHTS TO CANCEL YOUR BOOKING
8.1 We may cancel Your Booking and shall have no liability to You including no obligation to provide You a refund if you fail to comply with the following
- a) ensuring that all information required on the Booking confirmation form is completed accurately and updated where necessary.
- b) failure to pay for Your Booking in full as set out in clause 10
- c) failure to comply with these term and conditions or the event rules and guidance.
- IF THERE IS A PROBLEM WITH OUR EVENTS OR YOUR BOOKING
9.1 We pride ourselves on providing a professional service. If you have any questions or in the unlikely event you have a complaint about the event services, please contact using the email address in clause 2 and we will aim to find an amicable solution within 10 working days.
- PRICE AND PAYMENT TERMS
10.1 The price of our events are set out on our Websites and detailed on your Booking confirmation form.
10.2 You are required to pay a £20 per person deposit on the date of making Your Booking, the remaining balance shall be paid in full 28 days prior to the date of Your Booking.
10.3 VAT is payable by You at the prevailing rate at the time of Booking
10.4 The full price detailed on the Booking form is the total price payable regardless if fewer participants attend.
10.5 If you do not make any payment to Us by the due date We may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
11.1 We are responsible for loss or damage you suffer that is a foreseeable result of our negligence, but We are not responsible for any loss or damage that is not foreseeable or not a result of our negligence. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both We and you knew it might happen, for example, if you discussed it with Us during the booking process. In any event our total liability to you in contract or tort is limited to the price paid for your Booking.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to our events.
11.3 You shall indemnify Us and remain fully liable for all costs including repair or replacement costs caused by any person under your Booking who damages any of Our or Our customers’ property.
- DATA PROTECTION
- GENERAL TERMS
13.1 We may transfer our rights and obligations under these terms to another organisation.
13.2 You are not permitted to transfer Your rights and obligations under these terms without our prior written consent.
13.3 These terms shall not be amended without the prior written consent of both parties.
13.4 If a court finds part of this contract illegal, the rest will continue in force. 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.
13.5 Even if We delay in enforcing this contract, We can still enforce it later. If We do not insist immediately that you do anything you are required to do under these terms, or if We delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent Us taking steps against you at a later date. For example, if you miss a payment and We do not chase you but We continue to provide the events We can still require you to make the payment at a later date.
13.6 This Agreement constitutes the entire agreement between the parties and replaces all other terms and conditions, undertaking and agreements howsoever agreed. Save to the extent expressly provided, all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law
13.7 In the unlikely event of a dispute then both parties agree to attempt to resolve the matter in accordance with clause 9 , if this process fails to find an amicable solution the both parties agree to submit the dispute to an independent mediation provider prior to engaging formal court proceeding .
13.8 This Contract shall be governed by English law and both parties consents to the exclusive jurisdiction of the English courts in all matters regarding it.
SCHEDULE 1 – EVENT RULES
- All events of this type carry elements of danger particularly motor sport and those taking part agree to abide to marshal safety instructions at all times.
- We reserve the right to refuse or expel any person, without compensation, who acts irresponsibly or disregards safety instructions at any time, is reserved.
- Participants should be mentally and physically fit so as not to be a danger to themselves or others.
- Any person who suffers from epilepsy, fits, fainting, bouts of dizziness, or is currently receiving treatment or prescribed medication from a doctor or hospital which is likely to affect their mental or physical condition should not participate. Expectant Mothers or people with back problems should not race. Remember motorsport can be dangerous.
- Any person who threatens or assaults any member of Our staff or any other customers will be reported to the Police.
- Minimum ages apply to all of our events. Clay Shooting 14yrs, Assault Rifles 17yrs, Axe Throwing 17yrs, Archery 14yrs, Bubble Football 16yrs, Archery Tag 12yrs, 120cc Karting 8yrs, 200cc Karting 14yrs, 270cc Karting 17yrs
- We will consider allowing experienced drivers aged 14 and over to compete in senior events, subject to prior written approval.
- Proof of age will be required if there is any doubt. All participants aged 17 or under must be signed in by their parent or by a responsible adult. The responsible adult will be required to countersign our registration form for that minor on arrival. If in any doubt, please call Us before arrival.
- It is strictly forbidden for any participant, spectator or guest to supply their own food or drinks at the event.
- We operate a strict ‘zero tolerance’ alcohol and drugs policy. No alcohol is to be consumed during the event or for at least 12 hours before the event. All participants must be and remain alcohol and drug free throughout the event.
- If We have any doubt and believe that any participant may be under the influence of either drink or drugs and suspect them to be a danger to themselves or others We will not permit that person to take part. Remember: 12 hours must have elapsed between your last drink and your arrival for Your Booking. We will use a breathalyser to confirm any doubt.
- For the avoidance of doubt We will not provide a refund or offer a rebook or otherwise waive any fees paid or due in the event that we disqualify a participant for suspicion of drink or drug use. Our decision is final and non negotiable
- Our venue is equipped with a licensed bar and we operate a strict coloured wrist band policy to identify who can take part in events and who can drink alcohol. This policy ensure the safety of You and other customers and to keep our events safe.
LATE ARRIVALS AND NO SHOWS
- For insurance reasons, participants arriving after the safety briefing has commenced are not allowed to take part and will not receive any refund.
- Where an event is delayed due to late arrivals, We may at our sole discretion and on request of all of the participants delay the safety briefing. In such case, the event will be shortened to make up for the lost time.
- Event fees cannot be re-used, re-booked or refunded to any participant because that person fails to attend or is withdrawn from the event for any reason.
DECLARATION UNDER SECTION 21 OF THE FIREARMS ACT 1968
- It is an offence for a person who is prohibited by Section 21 of the Firearms Act 1968 to have a firearm or ammunition in his/her possession at any time.
- This Section applies to any person who has been sentenced to imprisonment, a suspended term of imprisonment or to youth custody or detention in any young offenders institution for three months or more.
- A person sentenced to a suspended or term of imprisonment period between 3 months and 3 years is prohibited for 5 years from the date of release.
- A person sentenced to a suspended or term of imprisonment of 3 years or more is prohibited for life.
- It is an offence for a person to transfer, let, hire, or lend a firearm or ammunition to someone whom he / she knows or has reasonable grounds for believing to be a prohibited person.
- To take part in our shooting experiences you will need photo identification, photocopies are not acceptable.
KART CIRCUIT EXCLUSIONS
- 270cc Karts: Drivers must be under 20 stone (127kg), over 5’3” and under 7’2” (218cm) tall in order to drive safely.
- 200cc Karts: Drivers must be under 18 stone (115kg), over 5’3” (152cm) and under 6’6” (198cm) tall in order to drive safely.
- 120cc Karts: Drivers must be under 10 stone (64kg), over 4’3” (132cm) and under 5’3” (152cm) with an inside leg measurement of 22 inches.
- If you are unsure about any participant’s suitability due to weight or height please contact Us for clarification in good time before the event.
EXCLUSIVE EVENT BOOKINGS
- An exclusive event does not mean you will be the only guests on site. You agree to share the site and facilities. Exclusive site hire will be confirmed by Us in writing.
- Events are non-exclusive unless confirmed by Us in writing. A deposit of 50% is required to confirm any booking with 50+ guests
- Minimum group size for exclusivity is payable even if fewer participants take part. The minimum group size will be agreed by Us in writing.
- In the event of non-payment within 28 days of the activity date, Qleisure may, at its own discretion, cancel an event or change the event to an ‘open event’ without warning.
You agree that the event may be shortened if attendees arrive late, you also accept that you are buying a time slot and activity duration is not guaranteed.
Q Leisure Terms and Conditions Dated 20/10/20