Axceler-8 Hovercraft Experience Limited

Terms and Conditions

the User’s attention is drawn to the provisions of condition 9 which seek to limit the Company’s liability

1.INTERPRETATION

1.1In these Conditions the following words have the following meanings:

“User” means the person(s), firm or company who purchases or uses the Activities from the Company

“Conditions” means the terms and conditions set out in this document

“Contract” means any contract between the Company and the User pertaining to the Activities

“Site” means the place where delivery of the Activities is to take place under Condition 4

“Activities” means the activities to be supplied to the User by the Company

“Company” means Axeler-8 Hovercraft Experience Limited

“Specification” means the description of the Activities as provided by the Company

1.2In these Conditions:

1.2.1references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced;

1.2.2references to the masculine include the feminine and the neuter and to the singular include the plural and vice versa as the context admits or requires; and

1.2.3headings will not affect the construction of these Conditions.

2.APPLICATION OF TERMS

2.1Subject to any variation under Condition 2.3, the Contract will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the User purports to apply under any purchase order, confirmation of order, specification or other document).

2.2No terms or conditions endorsed upon, delivered with or contained in the User’s purchase order, confirmation of order, specification or other document will form part of the Contract simply as a result of such document being referred to in the Contract. The parties acknowledge to each other that they have not relied upon any statement or representation by the other when entering into the Contract unless expressly set out in these Conditions or incorporated pursuant to Condition 2.3.

2.3Any variation to these Conditions and any representations about the Activities shall have no effect unless expressly agreed in writing and signed by an authorised representative of the Company.

2.4Each order for Activities by the User to the Company shall be deemed to be an offer by the User to purchase Activities subject to these Conditions.

2.5No order placed by the User shall be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company and the Company confirms to the User the date of delivery of the Activities to the User or (if earlier) the Company delivers the Activities to the User.

2.6The User must ensure that the terms of its order and any applicable specification of the Activities are complete and accurate.

2.7Any quotation is given on the basis that no contract will come into existence until the Company despatches an acknowledgement of order to the User. Any quotation is valid for a period of 30 days only from its date, provided that the Company has not previously withdrawn it.

2.8Each purchase order issued by the User to the Company for Activities and accepted by the Company shall constitute a separate contract.

3.DESCRIPTION

3.1The description of the Activities shall be as set out in the Company’s quotation, if any.

3.2All drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained on the Company’s website or in the Company’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Activities described in them. They will not form part of this Contract.

4.SAFETY, RISK AND OPERATING CONDITIONS

4.1The Activities are at the risk of the User from the time of their arrival at the Site and will be required to sign an indemnity before commencement of the Activities.

4.2Notwithstanding the provisions of clause 4.1 hereof, the company operates a health and safety policy, a copy of which will be made available to the User upon request. The operation of this policy includes the execution of risk assessments for the Activities. Any decision made by the Company to cease the Activities as a result of unsafe conditions will be made based upon such risk assessments as well as upon best information available upon the reasonable enquiry of the Company as to weather and conditions at the Site.

4.3The Company shall act at its sole discretion in deciding whether or not operating conditions are appropriate for the Activities, but shall use its best endeavours to keep the User fully informed at all times.

4.4In the event of cancellation of the Activities by the Company as a result of prevailing conditions the Company and the User shall agree a mutually-convenient date for the Activities instead. No postponement or cancellation cost will be charged by the Company.

4.5The Company shall ensure that all its staff and representatives are fully trained and work in accordance with the Company’s policies.

4.6All Users must undertake the Company’s training in piloting the hovercraft before being permitted to pilot the hovercraft alone.

4.7Users under the influence of alcohol or drugs will not be permitted to take part in the Activities.

4.8All Users shall at all times comply with the instruction of the Company’s staff or representatives and shall wear personal protective equipment as instructed by the Company’s representatives. Users must be a minimum age of 14 to participate in the Activities unaccompanied. Users under 14 must be accompanied by the Company’s representative. The Company’s representatives may at their sole discretion decide that any User’s involvement in the Activities be terminated if it is the representative’s opinion that the User would cause a risk to themselves, the hovercraft or other people.

4.9Racing is not permitted. Time trials may constitute part of the Activities.

5.DELAY TO AND NON-AVAILABILITY OF THE ACTIVITIES

5.1In the event that the Company’s representatives arrive at the Site more than 30 minutes later than stated in the Company’s quotation, the Company shall re-pay to the User a discount on the price proportional to the time lost from the Activities.

5.2In the event of mechanical failure, the Company shall use its best endeavours to rectify the problem and continue with the Activities. In the event that this is not possible, then Company and the User shall agree a mutually-convenient date for the Activities instead.

6.CANCELLATION

6.1The User may cancel the Activities at any time up to 3 weeks (i.e.21days) before the booked commencement of the Activities, and the Company and the User shall agree an alternative date which shall be no more than three months after the booked date. No refund of the Price shall be available.

6.2Within 21 days a re-arrangement fee of £25 per person shall be made by the User otherwise the User will forfeit their voucher.

6.3If the User(s) arrive at the Site more than 30 minutes after the time arranged for the commencement of the Activities then the Activities may be reduced in time or scope proportionately.

6.4In Accordance with the Voucher Company Terms and Conditions: we the company reserve the right to cancel an entire days event due to insufficient numbers or adverse weather . We will offer you new dates which shall be no more than three months after the booked date. We the company have no liability for any expenses incurred (e.g. if you’ve paid a non-refundable deposit on a hotel / travel costs).

6.5Of course technical problems can always plague us so we the company would need to cancel and rearrange in this instance too.

7.PRICE

7.1Unless otherwise agreed by the Company in writing the price for the Activities shall be the price set out in the Company’s quotation together with the cost of any additional items provided by the Company in the course of providing the Activities not otherwise included in the quotation. In the event that other such costs will be payable, the Company shall inform the User before such costs are incurred.

7.2The Price shall include all fuels, oils and other consumables required for the Activities, as well as such training of the User as the Company deems necessary.

7.3The Company reserves the right to add to the Price a mobilisation charge depending on the location of the Site. Any such charge shall be made known to the User in advance of the date when the Activities are to take place.

8.PAYMENT

8.1The Price shall be payable by the User to the Company upon confirmation of the booking.

8.2Time for payment shall be of the essence.

9.INSURANCE

7.1 The Company shall carry Public Liability Insurance in respect of the Activities and all other insurances as required by law.

10.LIMITATION OF LIABILITY

10.1Subject to the provisions of these Conditions, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the User in respect of:

10.1.1any breach of these Conditions; and

10.1.2any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

10.2All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

10.3Nothing in these Conditions excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or fraudulent misrepresentation.

11.GENERAL

11.1If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, void ness, void ability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

12.LAW AND JURISDICTION

12.1The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the non-exclusive jurisdiction of the English courts.

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