VIP Experiences terms and conditions

These terms and conditions form part of the Contract which apply to the VIP Experiences provided from time to time by Discovery Adventure Golf Ltd (trading as Treetop Adventure Golf) (DAG) to its customer (Customer), to the exclusion of all other terms, express or implied, including any put forward by the Customer, unless and to the extent that a separate agreement has been signed and entered by both parties. All bookings are also subject to any additional booking terms set out in the Booking Email, which form part of the Contract. The Customer’s confirmation, in any form, that it wishes DAG to perform any services, or acceptance of any services from DAG, constitutes acceptance of this Contract. Discovery Adventure Golf Ltd is a company registered in England and Wales, with registered number 08743277, and registered address at 1.13 Spaces, 307 Euston Road, London NW1 3AD.

THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 9 (LIMITATION OF LIABILITY).

1             INTERPRETATION

1.1         The following definitions and rules of interpretation apply in these Conditions.

Definitions:

Balance    
has the meaning ascribed to it in clause 6.2.2.

Booking    
means the VIP Experience booking made by the Customer for the Services.

Booking Email 
means the confirmatory email from DAG to the Customer (or the Customer Contact Person) confirming, amongst other things, the Services to be provided at the relevant Site, the number of Guests, the time slot that the Services are to be provided, the amount of the Deposit paid and the amount of any Balance or any further Charges to be paid.

Business Hours
means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

Charges
means the aggregate of the Deposit and the Balance payable by the Customer for the supply of the Services in accordance with clause 6 and any other charges payable.

Conditions
means these terms and conditions as amended from time to time in accordance with clause 12.3.

Contract
means the contract between DAG and the Customer for the supply of Services in accordance with these Conditions, comprising these Conditions and the Booking Email.  In the event of any conflict or inconsistency between these Conditions and the terms set out in the Booking Email, the terms set out in the Booking Email will prevail.

Control
means has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.

Customer
means the person, the company or firm who purchases the Services from DAG.

Customer Contact Person
in respect of a corporate booking, the individual who has made the booking in the name of the company or firm.

Customer Default
means has the meaning set out in clause 5.3.

Data Protection Legislation
means all applicable data protection and privacy legislation in force from time to time in the UK, including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.

Deposit
has the meaning ascribed to it in clause 6.2.1

Enquiry Form
means the form sent online by the Customer (or the Customer Contact Person) (via DAG’s online platform) to DAG setting out the requested Services.

Event Date 
means the date of the event that is the subject of the Booking.

Guests 
means all guests participating in or attending the Booking.

Intellectual Property Rights
means patents, copyright and related rights, trade and service marks and names, business names and domain names, goodwill and the right to sue for passing off, rights in designs, database rights, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Services
means one of the VIP Experiences supplied by DAG to the Customer, the details of which are set out in the Booking Email.

Site 
means the DAG site at which the Services are to be provided, as specified on the Booking Email.

1.2         INTERPRATATION

1.2.1    A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

1.2.2     Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.2.3     A reference to writing or written includes email.

2             BASIS OF CONTRACT

2.1         A completed and submitted Enquiry Form constitutes an offer by the Customer to purchase Services in accordance with these Conditions.

2.2         The Enquiry Form shall only be deemed to be accepted once the Deposit has been paid in cleared funds and when DAG communicates acceptance of the Enquiry Form by sending a Booking Email to the email address provided, at which point and on which date, the Contract shall come into existence.

2.3         Any descriptive matter or advertising issued by DAG, and any descriptions or illustrations contained in DAG's brochures, marketing materials or websites, are issued or published for the sole purpose of giving an approximate idea of the Services described in them.  They shall not form part of the Contract or have any contractual force.

2.4         These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.5         Any quotation given by DAG shall not constitute an offer, is only valid for a period of 30 days from its date of issue and is always subject to availability (which DAG gives no guarantee of until the Deposit has been paid in cleared funds and a Booking Email has been sent).

3             SUPPLY OF SERVICES

3.1         DAG will supply the Services to the Customer in accordance with the Booking Email in all material respects.

3.2         DAG reserves the right to amend the Services if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services.

3.3         The Services will be provided by DAG using reasonable care and skill.

3.4         If the Customer wishes to change the nature or details of a Booking, it should contact DAG with details of their original booking reference and the requested change by emailing events@adventuregolf.com.

3.5         DAG will do what it can to accommodate a change to the nature or details of a Booking but gives no guarantees that it will be able to do so, including that:

3.5.1     amendments to a Booking can be made up to 48 hours in advance of the Event Date;

3.5.2     amendments to a Booking within 48 hours of the Event Date must be reviewed by the DAG Experiences Team before they are confirmed;

3.5.3     Customers are required to pay in full to confirm any increase to Guest numbers to a Booking or additional pre-orders; and

3.5.4     decreases to the number of Guests in a Booking within 48 hours of the Event Date do not lead to a refund.

3.6         Unless indicated otherwise on the Booking Email, a Booking does not include any food or beverages, which must be purchased separately.  No food or beverages may be brought on to the Site (save for the Kids & Group Experience, where the Customer may bring a birthday cake on to the Site subject to the terms of clause 5.1.3 and 5.1.4).

3.7         There is no child-only entry to any of our Sites. A Guest is deemed a child if they are aged 12 and under.

3.8         Bookings may not be re-sold or transferred for commercial gain. Any attempt to do so will result in cancellation of the Booking without refund, and the holder of a re-sold or transferred Booking will be refused entry or required to leave the Site.

4             LATE ARRIVAL

4.1         All bookings are for the time specified on the Booking Email. If the Customer is aware that they or any of their Guests will be late for the Booking, the Customer (or, in the case of a corporate booking, the Customer Contact Person) must (i) contact the relevant Site team by telephone and (ii) respond directly to their Booking Email to inform DAG of their new arrival time.

4.2         DAG will do what it can to accommodate a late arrival for a Booking, but this will be subject to other bookings and timings on the Event Date, and specifically:

4.2.1     if the Customer (and/or any of its Guests) is less than 30 minutes late for the Booking, the itinerary may be subject to change.  The Site host will confirm any changes to the itinerary to the Customer upon arrival at the Site; and

4.2.2     if the Customer (and/or any of its Guests) is over 30 minutes late for the Booking, the Booking may be unable to go ahead in full. The Site host will confirm to the Customer upon arrival at the Site.

5             CUSTOMERS’ AND GUESTS’ OBLIGATIONS

5.1         The Customer (or, in the case of a corporate booking, the Customer Contact Person) shall:

5.1.1     ensure that the terms of the Enquiry Form and any information it provides relating to its Booking are complete and accurate;

5.1.2     co-operate with DAG in all matters relating to the Services;

5.1.3     provide DAG with such information and materials as DAG may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects (including, if relevant, any allergies of a Guest);

5.1.4     be solely responsible for any Guests who have any allergies, including without limitation, notifying any Guest in respect of any allergens or potential allergens relating to any cake bought to Site;

5.1.5     be at least 18 years old;

5.1.6     comply with all applicable laws, including health and safety laws, and all Site regulations made available to it;

5.1.7     comply with all of the Customer’s obligations set out on the Booking Email (including, in respect of a Kids Experience, ensuring that all children under the age of 12 are supervised at all times and that there is at least one supervising adult per four children under 12);

5.1.8     comply with the rules of play displayed on Site;

5.1.9     at the end of the Booking, remove any decorations in its VIP reserved area;

5.1.10   procure that all Guests are aware of and comply with the applicable obligations noted at clauses 5.1.6, 5.1.7, 5.1.8 and 5.2.

5.2         In relation to all Guests:

5.2.1     DAG takes the safety of all its guests seriously and may carry out security searches and identity checks on or after entry to the Site.  The person making the Booking must be over the age of 18 and proof of identity may be required at the Site before the Booking can take place.  All Guests must submit to such security searches or checks if required to do so.

5.2.2     All Guests must drink and play responsibly. DAG reserves the right (in its sole discretion) to refuse entry or service to, or to remove, any Guest whose behaviour puts at risk the enjoyment and safety of its other Guests.

5.2.3     Any Guest causing damage to DAG’s equipment or other property will be required to indemnify DAG for the damage in full on demand. If DAG is unable to recover such payment from a Guest within 5 days of it request to pay, the Customer will become immediately responsible for the full amount on behalf of the Guest.

5.2.4     Guests are responsible for the safeguarding of their own possessions while on Site, and neither DAG nor any of its staff, agents or partners will be responsible for any loss or damage caused to such possessions unless caused by the deliberate acts or omissions, or negligence, of DAG and save to the extent that such responsibility cannot be excluded by law.

5.2.5     There are obvious potential dangers associated with golf.  Each Guest voluntarily assumes all risks and dangers in relation to the Booking, and neither DAG nor any of its staff, agents or partners will be responsible for any personal injury caused, save to the extent that such responsibility cannot be excluded by law.

5.2.6     Customers and their Guests may not bring their own golf clubs or golf balls. DAG’s games are designed only to work with DAG golf clubs and golf balls; external golf clubs and golf balls are not allowed to be used for health and safety reasons.

5.2.7     The Booking, and the Customer’s and all Guests’ participation in it, is subject to DAG’s privacy notice, which is available at the Site and at adventuregolf.com/privacy.  By participating in any Booking, the Customer and each Guest is taken to have agreed to the terms of the privacy notice, and it is the Customer’s duty to inform them of that.

5.3         If DAG's performance of any of its obligations under the Contract is prevented or delayed by any act or omission by the Customer or failure by the Customer to perform any relevant obligation (Customer Default):

5.3.1     without limiting or affecting any other right or remedy available to it, DAG shall have the right to suspend performance of the Services until the Customer remedies the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations in each case to the extent the Customer Default prevents or delays DAG's performance of any of its obligations;

5.3.2     DAG shall not be liable for any costs or losses sustained or incurred by the Customer arising directly or indirectly from DAG's failure or delay to perform any of its obligations as set out in this clause 5.3; and

5.3.3     the Customer shall reimburse DAG on written demand for any costs or losses sustained or incurred by DAG arising directly or indirectly from the Customer Default.

6             CHARGES AND PAYMENT

6.1         The Charges for the Services are set out in the Booking Email.

6.2         The Customer shall pay the Charges as follows:

6.2.1     a non-refundable deposit of 50% of the total booking fee to secure the Booking (the Deposit);

6.2.2     save in the circumstances set out in clause 6.2.3, the outstanding balance of the booking fee no later than five days in advance of the Event Date (the Balance);

6.2.3     if the Booking is made within seven days of the Event Date, the Customer is required to pay the Deposit and the Balance in full to secure the Booking;

6.2.4     all amounts owing in respect of any pre-ordered food and drinks shall be paid in full at the time the order for food and drink is made (if this date is different to the date that the Booking is made), otherwise these amounts are to be paid in full at the time of the Booking; and

6.2.5     any other charges payable following a change to the Services requested or an increase to the number of Guests.

6.3         Payments must be made in full and in cleared funds by a debit or credit card via our online payment platform.

6.4         All bookings are based on, and the Charges calculated on, a minimum number of ten Guests. In the event that there are less than 10 Guests for the Booking, no refunds shall be payable. The maximum group size is set out on your Booking Email.

6.5         Final numbers for the Customer and Guests and the details of any pre-ordered food and drinks are needed 48 hours before the Event Date.  Any pre-ordered food and/or drinks must be used on the Event Date and cannot be transferred to a future booking.

6.6         Unless specified otherwise on the Booking Email, all amounts payable by the Customer under the Contract are inclusive of amounts in respect of value added tax chargeable from time to time.  

6.7         If the Customer fails to make a payment due to DAG under the Contract by the due date, then, without limiting DAG's remedies under clause 10, the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment.  Interest under this clause 6.6 will accrue each day at 8% a year above the Bank of England's base rate from time to time.

6.8         All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

7             INTELLECTUAL PROPERTY RIGHTS

7.1         All Intellectual Property Rights in or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by the Customer) shall be owned by DAG.

8             DATA PROTECTION

8.1         Both parties will comply with all applicable requirements of the Data Protection Legislation.  This clause 8 is in addition to, and does not relieve, remove or replace, a party's obligations or rights under the Data Protection Legislation.

8.2         Without prejudice to the generality of clause 8.1, the Customer will ensure that it has all necessary appropriate consents and notices in place to enable DAG to lawfully perform the Services.

9             LIMITATION OF LIABILITY: THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.

9.1         DAG has obtained public liability insurance cover in respect of its own legal liability for individual claims not exceeding £10 million per claim. The limits and exclusions in this clause reflect the insurance cover DAG has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss.

9.2         Nothing in the Contract limits any liability which cannot legally be limited, including liability for:

9.2.1     death or personal injury caused by negligence;

9.2.2     fraud or fraudulent misrepresentation; and

9.2.3     breach of a consumer’s statutory or other rights to the extent that such liability cannot be limited.

9.3         Subject to clause 9.2, DAG's total liability to the Customer shall not exceed the amount paid by the Customer in respect of the Booking in relation to which the liability has arisen. DAG's total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract.

9.4         This clause 9.4 sets out specific heads of excluded loss:

9.4.1     Subject to clause 9.2, the types of loss listed in clause 9.4.2 are wholly excluded by the parties, whether in contract, tort (including negligence) or otherwise, without prejudice to the Charges payable by the Customer.

9.4.2     The following types of loss are wholly excluded:

9.4.2.1     Loss of profits

9.4.2.2     Loss of sales or business.

9.4.2.3     Loss of agreements or contracts.

9.4.2.4     Loss of anticipated savings.

9.4.2.5     Loss of use or corruption of software, data or information.

9.4.2.6     Loss of or damage to goodwill.

9.4.2.7     Indirect or consequential loss or damage.

9.5         All terms, representations or warranties (whether express or implied by statute or otherwise) not set out in the Contract are, to the fullest extent permitted by law, excluded from the Contract.

9.6         All Enquiry Forms submitted to DAG are submitted via DAG’s third-party online platform and all payments are taken via DAG’s third-party online platform.  DAG excludes all liability to the Customer, and accepts no responsibility in anyway, in respect of any technical failure or any service provided by, or for any act or omission of, DAG’s third-party online platform relating to the Booking. The Customer agrees by submitting its Enquiry Form and its payment details via DAG’s third-party online platform to the terms and conditions of that online platform. 

9.7         DAG accepts no responsibility for, or any incident related to, any decorations that the Customer may use in its VIP reserved area or for any allergic reactions to, or incidents related to, the cake provided by the Customer or any of its Guests.

9.8         This clause 9 shall survive termination of the Contract.

9.9         Where the Customer is a consumer, nothing in the Contract shall exclude or limit the Customer’s statutory rights as a consumer.

10           TERMINATION

10.1       Without affecting any other right or remedy available to it, subject to the terms of this clause 10, either party may cancel the Contract by giving the other party written notice. If DAG terminate the Contract (and therefore cancel the Booking) pursuant to this clause, it will either give the Customer a full refund of any amounts paid in advance or the option to rebook the Booking for a date up to one year following the Event Date at no additional charge to the Customer.

10.2       The Customer may terminate the Contract (and therefore cancel the Booking) with 48 hours’ notice or more from the booking time on the Event Date and shall be entitled to a refund of the Balance, with DAG retaining the Deposit, and the Customer shall have the option to rebook the Booking for a date up to one year following the Event Date.

10.3       The Customer may terminate the Contract (and therefore cancel the Booking) within 48 hours’ notice of the booking time on the Event Date and be entitled to reschedule the Booking to a date that is up to one year in advance of the Event Date but no refund of any amount of the Charges shall be payable.

10.4       Without affecting any other right or remedy available to it, either party may terminate the Contract (and therefore cancel the Booking) with immediate effect by giving written notice to the other party if:

10.4.1   the other party commits a material breach of any term of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 days of that party being notified in writing to do so;

10.4.2   the other party takes any step or action in connection with its entering bankruptcy, administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on.

10.5       Without affecting any other right or remedy available to it, DAG may terminate the Contract (and therefore cancel the Booking) with immediate effect by giving written notice to the Customer if the Customer fails to pay any amount due under the Contract on the due date for payment.

10.6       Without affecting any other right or remedy available to it, DAG may suspend the supply of Services under the Contract or any other contract between the Customer and DAG if the Customer fails to pay any amount due under the Contract on the due date for payment, the Customer becomes subject to any of the events listed in clause 10.4.2, or DAG reasonably believes that the Customer is about to become subject to any of them.

11           CONSEQUENCES OF TERMINATION

11.1       On termination of the Contract, unless expressed otherwise in the Contract, the Customer shall immediately pay to DAG all of DAG's outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, DAG shall submit an invoice, which shall be payable by the Customer immediately on receipt.

11.2       Termination of the Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.

11.3       Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination of the Contract shall remain in full force and effect.

12           GENERAL

12.1       Force majeure. DAG shall not be in breach of the Contract nor will it be liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control, including fire, flood, natural disaster, act of terrorism, war, inability to obtain supplies, utilities or technology failures or act of governmental authority.

12.2       Entire agreement.

12.2.1   The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to the Booking.

12.2.2   Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

12.2.3   Nothing in this clause shall limit or exclude any liability for fraud or liability to consumers to the extent that it cannot be lawfully limited or excluded.

12.3       Variation. Except as set out in these Conditions, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

12.4       Waiver. A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.

12.5       Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.

12.6       Notices.

12.6.1   Any notice given to a party under or in connection with the Contract shall be in writing and shall be

12.6.1.1 delivered by hand or by pre-paid first-class post or other next working day delivery service at its address specified on the Booking Form; or

12.6.1.2 sent by email to events@adventuregolf.com.

12.6.2   Any notice shall be deemed to have been received:

12.6.2.1 if delivered by hand, on signature of a delivery receipt; and

12.6.2.2 if sent by pre-paid first-class post or other next working day delivery service, at 10.00 am on the second working day after posting; or

12.6.2.3 if sent by email, at the time of transmission, or, if this time falls outside Business Hours in the place of receipt, when Business Hours resume (save for any Booking Email, which shall be deemed received by the Customer or the Customer Contact Person at the time of transmission).

12.7       Third party rights. Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

12.8       Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with, the law of England and Wales.

12.9       Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.