Terms and Conditions
|Please read the following booking conditions before you book. A hard copy of our terms and conditions are available on request. Our Terms and Conditions set out are our obligations to you and your commitments to us when you book workshops and parties with us. Our Terms & Conditions are applicable for all members of your group and all of our workshops & parties.
“We”, “us” and “our” are references to Fresh Dance Company.
“You”, “your” or “party” means all persons named on the final booking.
“In writing” means by email or letter.
“Named Booker /Leader” is the person who makes the booking on your behalf and who will be out point of contact.
“Arrangements” means facilities and services, booked through us by you pursuant to this agreement or any other agreement between you and us.
“Force Majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control or the control of the supplier concerned.
Once you have booked and paid the deposit or full payment as applicable (see clauses 3 and 3 below), we will write to you and confirm your booking at which point a binding contract will form. Once a booking has been made with us, you will be regarded as having the opportunity to have read and understood our Terms & Conditions of Booking and to have actually done so before a contract between us has been drawn. All bookings are made and accepted as a group booking and the person placing the booking is deemed ‘Group Leader’. The Group Leader is bound by these terms and assumes all responsibilty to settle the balance of the invoice before the due date. We reserve the right to decline a booking at our discretion.
a) If the deposit / final balance has not been paid by the due date then we cannot guarantee that the workshop / party will be available.
All group bookings must be paid in advance to Fresh Dance Company. A £70.00 booking fee is to be paid at the time of booking and is non-refundable. The rest of the balance should be paid no less than 28 days prior to the date of workshop / party, unless otherwise stated on the booking form. Payments can be made via paypal on our website / cheque. Please note that cheques has to be cleared no less than 28 days prior to the date of workshop / party, unless otherwise stated on the booking form. Fresh Dance Company is under no obligation to honour any bookings that have not been paid for according to the payment policy outlined. The Group Leader is responsible to make sure all monies due are collected and paid on time and that everyone within in the group is aware of our terms and conditions.
A full list of names of clients must be submitted to Fresh Dance Company at least 14 days prior to the date of the workshop / party.
3. Pricing Policy
Prices quoted to you at the time of your enquiry are correct to the best of our knowledge at that time. We reserve the right to make changes to and correct errors in prices at any time before your arrangements are confirmed.
4. Website and Quote Descriptions
All website and quote descriptions are made in good faith and every care is taken to ensure their accuracy. However, errors may occasionally occur. We cannot accept any liability for any errors or omissions except where these have arisen due to our negligence. We reserve the right to make changes to and correct errors on our website and quotes at any time.
5. Cancellation and Changes by us
Fresh Dance Company always endeavour to avoid changes and cancellations however we must reserve the right to do so. If we have to make a significant change or cancel, we will inform you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options: –
a) Purchase alternative arrangements from us, of a similar standard to that originally booked if available.
The above options are not available where any minor changes are made.
If we have to make a significant change or cancel, we will as a minimum where compensation is due pay you the compensation payments set out in the table below depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or where we have to cancel because the minimum number of persons require to operate the Arrangements you have booked has not been reached.
No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or if the change made is a minor one.
Very rarely, after your Arrangements have commenced we or our suppliers may be forced by Force Majeure to change or cancel part of all of your Arrangements. If this does happen then we regret that we will be unable to provide any refunds (unless we receive any from our suppliers) to pay you any compensation or any losses or expenses you incur as a result. We will try to assist you secure alternative arrangements but you will have to pay any associated and / or additional costs in doing so and arising out of the alternative arrangements.
No. of days notification before departure a significant change is notified to you:
Except as otherwise expressly set out in these booking conditions our liability for significant changes and cancellations is limited as set out above to the above mentioned options.
6. Cancellations and Changes by you
When and where change can be made, we will not charge an amendment fee. You will be charged for any extra costs incurred by us and any costs/charges incurred or imposed by any of our suppliers.
If any member of your party confirmed after 14 days after booking is prevented from participating of travelling because of death, injury or serious illness of that person, close relative or friend, redundancy or jury service it may be possible to transfer the booking to another suitable person provided that written notice is given at least 10 days prior to departure. Our administration fee of £25.00 will be waived in such circumstances if evidence can be provided, however any costs imposed by our suppliers will be passed on.
If you wish to cancel all or any part of your booking, you should contact us immediately by telephone followed by confirmation in writing. Charges are based on the estimated losses we may incur should we be unable to withdraw from our obligations with our suppliers. Less than 28 days you will be required to pay the full amount (100% of the cost) of the arrangements in question.
a) Once your final numbers have been confirmed and the remaining balance has been sent, Fresh Dance Company can not offer any refunds after this date. However extra members willing to join the event can do so (if not exceeds maximum number) as long as we receive the balance 10 days prior to the event.
7. Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by Force Majeure. Additionally we cannot accept liability or pay any compensation where you suffer any damage or loss (as more fully described in clause 10(1) below) as a result of Force Majeure.
8. Our Liability
(1) Our agreement with you and the service we provide to you is to source and book the arrangements for you. We promise to use all reasonable skill and care in providing your arrangements. Please note it is your responsibility to show that all reasonable skill and care has not been used if you wish to make a claim against us. Please note: we do not exclude any liability for death or personal injury arising as a result of our negligence.
Please note: Sub clauses (2) (6) below are all subject to and without prejudice to sub clause (1) above.
(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: –
(4) The promises we make to you about the arrangements we have agreed to source and book as part of our agreement – and the laws and regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the arrangements in question had been properly provided. If the particular arrangements which gave rise to the claim or complaint complied with local laws and regulations applicable to those arrangements at the time, the arrangements will be treated as having been properly provided.
(5) We limit the maximum amount we may have to pay you for any claims you may make against us. For all claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the value of your booking.
(6) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of our agreement with you or other fault by ourselves or our employees. Additionally we cannot accept liability for any business losses.
You are advised to take out adequate personal insurance for your protection. Such insurance should cover the cost of cancellation by you and / or any members of your party and the cost of assistance, including repatriation in the event of illness or accident. We emphasise that some of the events you may book are by their nature inherently dangerous and by participating in these you assume the inherent risks involved. We cannot be responsible for injury or loss suffered by you other than as expressly set out in these booking conditions. For this reason, we request that you be fully and adequately insured. Additionally, should you participate in events which do not form part of the arrangements booked with us it should be understood that this is also at your own risk and it is your responsibility to obtain the relevant insurance. Please confirm with your insurers that your insurance policy covers the activities you will be participating in.
10. Behaviour and conduct
You understand that when you book through us, you accept responsibility for the proper conduct of yourself and other members of the party during your activity. We can terminate your Arrangements if your behaviour or that of any members in the booking is likely in our opinion to cause distress, damage, danger or to annoy customers, other members of the party, employees, or anyone else.
You agree to make sure that all members of the party act at all times in a responsible manner and comply with all safety procedures. To be present and listen to all safety and information briefings, which are relevant to the arrangements booked. Make any persons in authority immediately aware of any equipment or site deficiencies or concerns dress suitability for any event as advised by us and observe and obey all laws, requests, conditions of use of any supplier.
The use of alcohol or drugs or being under the influence of alcohol or drugs whilst participating in such events is strictly forbidden. If you or any member of your party have, at our discretion been using drink or drugs or fail to act in a safe responsible manner, we reserve the right to cancel your participation in the activity. In this scenario we will not be able to pay you any refund, compensation or any costs incurred by you.
You must notify us of any medical conditions of any group member that may effect their participation. Some of the events or activities you may book may require a good level of fitness, strength and endurance. It is your responsibility to ensure that you have the appropriate level. Many workshops / classes are not recommended for those with disability, illness or infirmity. If you have an existing medical problem, allergies or disability which may affect your Arrangements you must let us know the details of such condition before you make your booking. If we find out after you have made the booking that you have an existing medical problem or disability and you are not being accompanied by someone who could provide all the assistance you may reasonably require as referred to above and you have failed to give us this information at the time of booking, we reserve the right to cancel the booking and impose the cancellation charges as set out in clause 6.
We advise no pregnancies.
12. Complaints procedure
Should you have a complaint please ensure you raise the issue immediately with the service provider. Any issue should be resolved at that time. If the problem is not solved to a reasonable and satisfactory solution, you must forward your complaint in writing with supporting evidence to us within 7 days of returning from the workshop / class. We will then investigate on your behalf. Failure to raise issues with us within this time frame will adversely affect our ability to investigate with the aim to resolve any issues. We are not able to investigate problems unless they have been raised directly with the service provider at the time. We will reply to your complaint within 28 days.
13. Rights of Third Parties
We both hereby exclude any rights that any third party may have in relation to this Agreement under the Contract (Rights of Third Parties) Act 1999.
14. Law and Jurisdiction
This Agreement and all matters arising out of it shall be construed and governed according to English law and shall be subject to the exclusive jurisdiction of the Courts of England and Wales.