AVA EXPERIENCE CORPORATE TS&CS
1. THESE TERMS
These terms and conditions, and the terms and conditions of the Data Processing Addendum, shall govern the Services provided by AVA Experience LLC (“AVA”) to the Customer (the “Customer”) and constitute the contract (the “Contract”) between AVA and you.
You hereby acknowledge and accept all, and only, these terms and conditions. AVA objects to any different or additional terms. This is the final and complete expression of all terms and conditions of the agreement. Any representations, promises, warranties, or statements that are not contained here are void. These terms and conditions can be modified, waived, or amended only by a writing signed by both you and AVA.
AVA negotiates and advertises Experiences with third party Experience Providers for the benefit of the Customer, which Experiences are the primary Services that AVA provides the Customer.
Unless otherwise stated, the supplier of the Experience will be a third party Experience Provider, the identity of which will be disclosed to Customer as part of the Contract. The Experience Provider is solely responsible for supplying the Experience.
When purchasing or redeeming an Experience, you acknowledge that Experiences are dependent on factors beyond our control and agree we are not liable for the cancellation, postponement or alteration of any Experience for reasons beyond our reasonable control.
Experiences may on occasion be withdrawn due to circumstances outside of our control. We will not be held liable for any costs incurred as a result of such withdrawal.
Experience costs, descriptions, formats and timings provided on our website are only intended to provide a general indication of the Experience. Photographs are for illustrative purposes only, and do not represent the Experience you may receive on winning an auction and do not form part of any agreement between you and us or between you and any Experience Provider.
We will not be responsible for descriptions by or on any third party or Experience Providers’ websites or in any other materials.
When Experiences are provided by us we are responsible for supplying the Experience.
You can make an Experience inquiry with AVA on our website or by email. Based on the information you provide, AVA will provide the Customer a written quotation for our Services, for providing the chosen Experience. This quotation is for information only and is not a legal offer to provide the Services. Quotations are valid for 14 days from the date of receipt.
Having received a quotation, Customer may confirm an order via email. Each Customer order will be an offer by Customer to purchase the Services specified in the order (the “Services”), subject to these Terms and Conditions.
AVA’s acceptance of Customer’s order occurs when AVA delivers an email to Customer confirming acceptance of the order (the “Confirmation”). The date of the Confirmation shall be the date on which the Contract becomes binding (the “Contract Date”). The Contract is limited to only the Services provided in the Confirmation. AVA shall have no obligation or responsibility to provide the Services unless and until AVA receives payment in full from the Customer, and AVA shall be entitled to cancel the Contract in the event of non-payment.
If after Confirmation AVA is unable to supply the Services AVA will provide the Customer email notification of the cancellation of the order. AVA will refund the Customer any amount paid to AVA upon which AVA shall have no liability or obligation to the Customer.
4. FEES & PAYMENT
In order for us to provide you our Services you must pay our Fees (“Fees”).
The Fees set forth in the Confirmation are final and binding on the Customer, subject to any variation by written agreement.
AVA modifications to the Services and fees after the Confirmation shall be set forth in an updated quotation, which shall be binding on the Customer.
Customer must pay the Fees in full within 3 working days of the date of the Confirmation. Any variations to this date or payment schedule must be agreed between us in writing.
For bookings more than a calendar month in advance of the date of an Experience, Customer must pay AVA’s required minimum booking amount to reserve your Experience.
If Customer has not made payment in full as set forth above, AVA will not be obliged to provide the Services, and shall have no liability to Customer for cancelling the Services.
Payment can be made using a debit or credit card or via bank transfer.
5. CANCELLATIONS & RESCHEDULING
Customer is entitled to cancel the order at any time and any refund will be determined by the amount of notice.
- A full refund will be provided for written notice of a cancellation received by AVA more than a month in advance of the Experience
- No refund will be provided for written notice of a cancellation received by AVA within one month of the Experience
Any rescheduling of the Experience is at the discretion of the Experience Provider and can be made up to 14 days prior to the originally scheduled Experience. A rescheduling fee of $___ will be charged if a new date is agreed upon.
6. COMPLAINTS & REFUNDS
If any Experience materially varies from its description, Customer may contact AVA to convey the details of the variation. It shall be in AVA’s sole discretion to take further action, or issue of a refund to Customer.
AVA shall not be responsible for any refund or liability as a result of late deliveries.
Customer may complain about our Services by contacting us on the contact details available on our Platform. Any comments or complaints by Customer about the Services made to any third party or third-party platform, including any social media, shall irrevocably relieve AVA from any responsibility whatsoever, including for a refund or damages.
7. YOUR OBLIGATIONS
It is Customer’s responsibility to ensure that:
- the terms of the order are complete and accurate;
- Customer fully co-operate with AVA in all matters relating to the Services;
- Customer provides AVA with such information and materials AVA may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
- Customer obtains and maintains all necessary licenses, permissions and consents which may be required for the Services before the date on which the Services are to start;
- Customer complies with all applicable laws, including health and safety laws.
8. INTELLECTUAL PROPERTY
The format and content of the Platform and all other materials and communications issued or utilized by AVA – including but not limited to marketing materials and brochures – is protected by trademarks and copyrights and AVA reserves all rights in our registered or unregistered copyrights and trademarks whether owned or licensed to AVA.
The Platform and Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial or other purpose without our express written consent. In addition, there shall be no use or extraction and/or utilization of prior parts of the contents of the Platform or Services without our express prior written consent.
By providing content for distribution by our Platform Customer hereby expressly grants us a royalty-free, perpetual, irrevocable license to use such content in order to deliver the Services to Customer.
9. OUR LIABILITY
AVA shalll not be liable to Customer for any business, financial or economic loss or damages or for any consequential or indirect loss or damage such as loss or damage to reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of any Services AVA provides to Customer under, or in any other way connected with the Contract (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud, willful concealment or theft.
AVA shall have no liability to Customer whatsoever for any act or omission of the Experience Provider in connection with the Experiences or in relation to the Experiences themselves.
AVA’s liability to you for all losses under this Contract (except for any liability we are unable to exclude as set out below) is limited to the total amount paid by you to us in the previous 12 months or £250, whichever is higher.
In no event shall Customer assert a claim against AVA regarding this Contract more than 12 months after the date of the Contract.
10. PERSONAL DATA
As part of these Terms and Conditions, AVA and Customer agree to be bound by the Data Processing Addendum which can be found here whereby AVA acts as a data processor for Customer as data controller.
Customer shall comply with all laws and regulations applicable to the Services.
These Terms and Conditions are governed by and construed in accordance with the laws of The United States of America exclusive jurisdiction of the state and federal courts located in Delaware. Customer and AVA agree to submit any and all claims or disputes to the exclusive jurisdiction of the English courts.
These Terms and Conditions are the final and complete expression of all terms and conditions of the agreement between AVA and the Customer. Any statements, communications and representations not contained herein shall be void.
AVA reserves all of its rights to take action and enforce any and all of AVA’s rights and remedies under the Contract or applicable law arising from Customer’s actions including the breach of the Contract.
AVA shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.