1. THESE TERMS
These terms and conditions, along with our Data Processing Addendum (the “Terms”) apply to your order and AVA Experience Limited’s (“we”, “us” or “AVA”) supply of Services to you (the “Contract”). These terms apply only to Group Bookings and not to auctions, experiences and the general use of the AVA Platform, the terms for which can be found here.
These Terms constitute an agreement (the “Agreement”) between us and you. Please read these terms carefully as they affect your rights and obligations under the law.
If you do not agree to these Terms in full, please do not place an order with us or use the Services.
We negotiate and advertise Experiences with Experience Providers for the benefit of those looking to enjoy experiences with larger groups. Providing Experiences form part of the Services that we provide to you.
We are not the supplier of any Experience, the supplier of the Experience will be a third party Experience Provider. The identity of the Experience Provider will be made clear on the relevant experience page. 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Experiences may on occasion be withdrawn due to circumstances outside of our control.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.
You can make an enquiry with us via our website or over email. Based on the information you provide and any further discussion we will then provide you with a quotation for our Services which includes the arranging of a 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 you receive it.
Having received a quotation you can confirm your order via email. Each order you place is an offer by you to buy the Services specified in the order (the “Services”) subject to these Terms.
Our acceptance of your order takes place when we send an email to you to accept it (the “ Confirmation”), at which point and on which date (the “Contract Date”) the Contract between you and us will come into existence. The Contract will relate only to those Services provided in the confirmation. For the avoidance of doubt, if you have not made payment in full we will not be obliged to provide the Services, and shall have no liability to you for cancelling the Services.
If we are unable to supply you with the Services we will inform you of this by e-mail and we will not process your order. If you have already paid we will refund you the full amount.
4. FEES & PAYMENT
In order for us to provide you our Services you must pay our Fees (“Fees”).
The Fees reflect the prices quoted in our final quotation, subject to any variation agreed between us. The final Fees are set out in our confirmation.
If you wish to change the scope of the Services after we accept your order, and we agree to accept such change, we will modify the Fees accordingly and submit an updated quotation.
You must pay the Fees in full before the Services are confirmed. Payment must be made within 3 working days of receiving your confirmation. Any variations to this date or payment schedule must be agreed between us in writing.
For bookings made over a calendar month in advance of any Experience payment for at least the minimum booking is payable on booking.
If you have not made payment in full as set out above we will not be obliged to provide the Services, and shall have no liability to you for cancelling the Services.
Payment can be made using a debit or credit card or via bank transfer.
5. CANCELLATIONS & RESCHEDULING
You are entitled to cancel your order at any time and any refund will be determined by the amount of notice you give us.
- A full refund will be provided on cancellations made more than a month in advance of the Experience
- No refund will be provided on cancellations made 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 £30 will be charged if a new date is agreed upon.
6. COMPLAINTS & REFUNDS
If any Experience does not live up to its description the matter should be resolved directly with the Experience Provider. We accept no responsibility and will have no liability to you if the Experience does not meet your requirements or you find the Experience unsatisfactory in some way. Any right of action or claim will be against the Experience Provider.
Should you be unable to satisfactorily resolve any issue with an Experience Provider you may contact us in order to complain about the Experience at which point we may choose to, although are not obliged, to take further action. This may or may not include the issuance of a refund.
We are not able to provide refunds for late deliveries where the fault is that of the courier. We will ensure items are shipped on time to arrive for the event but can accept no responsibility for late or missed deliveries made by the courier.
Should you wish to complain about our Services you can do so by contacting us on the contact details available on our Platform.
7. YOUR OBLIGATIONS
It is your responsibility to ensure that:
- the terms of your order are complete and accurate;
- you co-operate with us in all matters relating to the Services;
- you provide us with such information and materials we may reasonably require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
- you obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
- you comply with all applicable laws, including health and safety laws;
- To not deal with the Experience Provider in any way which could be deemed to be harmful to the business or reputation of AVA or do anything which might adversely affect our relationship with an Experience Provider.
8. INTELLECTUAL PROPERTY
The format and content of the Platform is protected by copyright and we reserve all rights in relation to our copyright whether owned or licensed to us and all rights are reserved to any of our registered and unregistered trademarks (whether owned or licensed to us) which appear on the Services.
The Platform and Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not systematically extract and/or re-utilise parts of the contents without our express written consent.
By providing content for distribution by our Platform you expressly grant us a royalty-free, perpetual, irrevocable licence to use such content in order to deliver the Services to you.
9. OUR LIABILITY
We shall have no liability to you whatsoever for any act or omission of the Experience Provider in connection with the Experiences or in relation to the Experiences themselves.
We will not be liable to you for any business, financial or economic loss or for any consequential or indirect loss such as loss to reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of any Services we provide to you under, or in any other way connected with, this Agreement (whether suffered or incurred as a result of our negligence or otherwise) except in the case of fraud, wilful concealment or theft.
Our liability to you for all losses under this Agreement (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.
No claim may be brought against us in relation to this Agreement more than 12 months following the date on which you last purchased an Experience.
Nothing in this agreement limits or excludes our liability for death or personal injury arising as a result of our negligence or for fraud or fraudulent misrepresentation.
You agree that the above exclusions of liability are reasonable in all the circumstances, especially in light of the fact that responsibility for Experiences lies solely with the Experience Provider.
10. PERSONAL DATA
As part of these Terms we also both agree to be bound by the Data Processing Addendum which can be found here whereby we submit to act as a data processor for you as data controller.
You shall comply with all foreign and local laws and regulations which apply to your use of our Services in whatever country you are physically located.
These conditions are governed by and construed in accordance with the laws of England and Wales. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.
If you breach these Terms and we decide to take no action or neglect to do so, then we will still be entitled to take action and enforce our rights and remedies for any other breach.
We will not be responsible for any breach of these Terms caused by circumstances beyond our reasonable control.
We may make changes to the format of the Services at any time without notice.