Terms & conditions
PLEASE ENSURE THAT YOU PROVIDE EACH MEMBER OF YOUR GROUP WITH A COPY OF THESE TERMS AND THE DISCLAIMER PRIOR TO ATTENDING THE PREMISES ON THE DELIVERY DATE.
1.1 When the following words with capital letters are used in these Terms, this is what they will mean:
Business Day: means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Contract: means the contract between Us and You for the provisions of the Services, in accordance with the Terms, the terms of the Disclaimer and those set out in the Order Form, as created in accordance with clause 2.11;
Delivery Date: means the date set out in the Order (or such other date as agreed otherwise between Us and You) upon which We will commence providing the Services;
Disclaimer: means the document found at http://www.marchbrookpaintball.co.uk/pdf/adult-disclaimer.pdf or which can be obtained on request from a Marshall and which sets out additional rules and also explains the situation (in conjunction with these Terms) in which We will not be liable to You for loss or damage or where Our liability to You for loss of damage will be limited.;
Equipment: any items supplied by Us to You for Your use during the provision of the Services (which shall include but not be limited to; paintballs, smoke grenades, paintball grenades, goggles and all other safety wear, gloves, overalls and paintball guns);
Event Outside Our Control: is defined in clause 8.2;
Induction: means the provisions of a tutorial in the use of the Equipment to be used at the Premises and training in relation to the safety procedures and rules applicable whilst at the Premises and taking part in a paintballing activity;
Marshal: means any employee or member of Our staff;
Member of Your Group: means each individual: 1) whose identity has been notified to Us when making an Order; 2) in relation to whom you have paid the relevant proportion of the Price; and 3) who is intended to be provided with the Services under Our Contract with You (any reference to Member of Your Group shall include a reference to You also);
Order: Your order for the Services;
Order Form: the form found on Our Website at http://www.marchbrookpaintball.co.uk/bookings/ and entitled "Order Form" or a for in substantially the same form and which contains Your Order. Where an Order is made by telephone we will confirm the details of Your Order Form in Our acceptance email;
Our Website: means www.marchbrookpaintball.co.uk;
Premises: means Marchwiel Hall, Marchwiel, Wrexham, LL13 0SS;
Price: means the total of all sums payable by You, in accordance with the Contract with Us;
Service: means the provision of Equipment and/or the Premises for the purpose of undertaking paintballing activities on the terms set out in Your Contract with Us;
Terms: the terms and conditions set out in this document;
We/Our/Us: Marchbrook Paintball Limited (08972448) whose registered office is situated at 2nd Floor, Refuge House, 33-37 Watergate Row, Chester, Cheshire, CH1 2LE.
You/Your shall mean the person who makes an individual and/or group booking on behalf of the individual and each Member of Your Group.
1.2 When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.
1.3 By entering into a Contract with Us You acknowledge that You will be jointly and severally liable with all other Members of Your Group for the Price and any other liability incurred by any Member of Your Group in relation to the Services provided under Our Contract with You.
2. Our contract with you
2.1 The terms upon which We supply the Services to You are set out in the Terms, the Disclaimer and the Order Form.
2.2 By completing and submitting an Order, You are acknowledging acceptance of the Terms, those terms contained in the Disclaimer and the Order Form.
2.3 Please ensure that You read these Terms, the Disclaimer, those set out in the Order carefully, and check that the details on the Order are complete and accurate, before You sign and/or submit the Order. We accept no liability for errors resulting from data which You supply incorrectly. Once You have submitted Your Order You will be deemed to have made a binding and formal offer for the provision of the Services. If You think that there is a mistake in Your Order or require any changes, please contact Us immediately to discuss.
2.4 By completing and submitting an Order, You warrant that;
2.4.1 You have been duly authorised by or on behalf of all other Members of Your Group to complete an Order on their behalf;
2.4.2 Each Member of Your Group has read the Terms, those contained in the Order Form and Disclaimer and understands and accepts such terms will form part of any Contract and has agreed to be bound individually and collectively by these Terms, those contained in the Disclaimer and those contained in the Order Form;
2.4.4 You and each Member of Your Group have notified us in the Order Form or via email of any pre existing medical condition (including but not limited to Asthma, Bronchitis, Epilepsy, Haemophilia, back, knee or ankle problems, pregnancy, migraines, high blood pressure and/or heart conditions) and or any other condition which may prevent You or any Member of Your Group from taking part or lead to potential difficulties during a paintballing activity. You and each Member of Your Group acknowledge that failure to provide the relevant medical information may result in You and/or any Member(s) of Your Group being restricted rom taking part in a paintballing activity (without refund of any part of the Price);
2.4.5 You are 18 years of age or older; and
2.4.6 No Member of Your Group is under the age of 11.
2.5 You must notify Us prior to submitting Your Order if You intend to redeem a voucher or take advantage of a special offer in force at the of submitting Your Order. Once Your Order is submitted We are under no obligation to comply with any special offer terms or allow any apportionment of a voucher against the Price which was not notified to Us prior to submission of the Order.
2.6 Only special offers in force at the time of making Your Order may be used in conjunction with Your Order. Vouchers and special offers may be subject to the special conditions referred to on the voucher or in the special offer promotional material. Vouchers and special offers may not be used in conjunction with any other voucher or special offer. We reserve the right to refuse to accept or honour a voucher or special offer without reason and at Our discretion.
2.7 When placing an Order You will be required to make payment of the Price in full. The amount of the Price will be clearly notified to You prior to submission of Your Order. We reserve the right to refuse to supply the Services to You and/or any Member of Your Group until You have made full payment of the Price.
2.8 If You choose to add additional Members to Your Group after placing an Order, You must notify Us immediately. We reserve the right to refuse any such additions or changes to Your Order. The Contract will only be deemed varied upon service of Our written acceptance of any such change and confirmation from You that You agree to any increase in the Price. Additional payments will need to be made upon adding an additional person to Your Order and We reserve the right to refuse admission to Our Premises to You and any Member of Your Group until payment of the Price has been made in full.
2.9 We cannot guarantee that any requested Delivery Date that You request in Your Order (whether submitted orally or in writing) will be available. Delivery of the Services is subject to availability. We will use reasonable endeavours to comply with requested Delivery Dates and will inform You if the requested Delivery Date is available prior to acceptance of Your Order. No Delivery Date will be reserved and such dates may be offered to other customers until payment of the Price has been made in full.
2.10 When You sign and/or submit the Order to Us, this does not mean We have accepted Your Order. Acceptance of the Order will take place as described in clause 2.11 at which point a Contract will be formed between Us and You. Save as provided for in clause 2.11, if We do not confirm acceptance of Your Order then no contract shall come into existence between Us and You.
2.11 A Contract will be formed between You and Us on the earlier of:
2.11.1 Our issuing to You with a written acceptance (which may be in the form of a letter, email, text and/or fax) of Your Order;
2.11.2 Our commencement of the provision of the Services (Services shall be deemed commenced upon the commencement of the first paintball game.
2.12 You may submit an Order via the telephone. Where You do so, We will confirm the details of Your Order to You verbally, before sending You written confirmation in the post. Receipt of such confirmation shall constitute Our acceptance of Your Order and a Contract shall be deemed created between Us upon service of such acceptance.
2.13 If there is any conflict between the terms contained in the Order Form, the Disclaimer or these Terms then the following order of preference shall apply:
2.13.2 Order Form; and
2.14 The Contract constitutes the entire agreement between You and Us relating to the supply of the Services and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings made by Us (including but not limited to promises, assurances, warranties, representations and understandings made by any of Our Marshals, representatives, sub-contractors, employees and agents) to You, whether written or oral, relating to its subject matter.
2.15 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) and whether made by a representative, sub-contractor, employee and/or agent, that is not set out in this Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
2.16 Any typographical error or obvious mistake in any booking acceptance or other document issued by Us shall be subject to correction without any liability on Our part.
2.17 Our acceptance of Your Order will contain a booking number. You must provide a copy of this number on attendance at Our Premises on the Delivery Date. If You fail to produce evidence of Your booking number on Your arrival at the Premises then We reserve the right to:
2.17.1 refuse to provide the Services to You and/or any Member of Your Group;
2.17.2 require You to leave the Premises;
without any refund of the Price.
2.18 Any images or video content on Our website and in Our catalogue or brochure are for illustrative purposes only. We cannot guarantee that the printed pictures or video accurately reflect the Services that You will receive. Each Service will vary and We make no warranty or representation that a Service You receive will be identical on any one or more attendances at Our Premises.
2.19 Any items (including but not limited to paintballs, paint grenades, beverages or food) You purchase whilst at the premises shall be governed by the Sale of Goods Act 1979.
3. Changes to order or terms
3.1 We may revise the terms of Our Contract with You from time to time without any liability to You and without Your consent to reflect changes in relevant laws and regulatory requirements or for any other reason.
3.2 If We revise the terms of Our Contract with You under clause 3.1, We will notify You within a reasonable period of time. Upon receipt of notice You can choose to cancel the Contract in accordance with clause 9.2 or choose to accept any changes We have made. If You fail to notify Us within 5 Business Days of receipt of notice of a change to the Contract of Your decisions to either accept the change or cancel the Contract then You will be deemed to have accepted any such changes.
3.3 We reserve the right to terminate Our Contract with You, as a result of any Event Outside Our Control and in such an event Our liability shall be limited to refunding You in full for any payments that have been made in advance.
3.4 If You wish to cancel or vary an Order before it has been fulfilled, please see Your right in clause 9.
4. Providing services
4.1 We will supply the Services to You on the Delivery Date. We will make every effort to complete the Services on time. However, there may be delays due to an Event Outside Our Control. See clause 8 for Our responsibilities when an Event Outside Our Control happens.
4.2 You and each Member of Your Group must arrive at the Premises no less than 1 hour before the commencement of the Services (as notified to You in Our acceptance of Your Order). We accept no liability for a delay in the provision of the Services or reduction in the length of any of the paintball activities where such delay is caused by You or any Member of Your Group’s late attendance at the Premises.
4.3 Induction will commence at the time stipulated in Our acceptance of Your Order (unless You authorise Us to commence the Induction sooner). Only those Members of Your Group who attend the Induction from start to finish and complete and sign a Disclaimer will be allowed to partake in the paintball activity. We are under no obligation to provide additional Induction for any Members of Your Group who arrive late and We reserve the right to refuse such individuals access to the Premises. No refund will be provided for those Members of Your Group who fail to attend the Induction as stipulated above.
4.4 We require each Member of Your Group to complete a Disclaimer on the Delivery Date and provide such other information as We may request from them prior to partaking in any paintballing activities. Each Member of Your Group must provide Us with details of any material matters which may affect Our provision of the Services to them and/or their or any other participants health and safety. If You or any Member of Your Group do not, after being asked by Us:
4.4.1 sign a Disclaimer;
4.4.2 provide Us with the information requested; or
4.4.3 provide Us with incomplete or incorrect information.
We reserve the right to suspend or even terminate the Services to You or any Member(s) of Your Group (or in some circumstances, all Members of Your Group) without refund. We will not be liable for any delay or non-performance where You or any Member of Your Group have not provided this information to Us after We have asked.
4.5 Upon submitting Your Order, We request that You provide details of any and all existing medical conditions or disabilities that each Member of Your Group may suffer from (including but not limited to Asthma, Bronchitis, Epilepsy, Haemophilia, back, knee or ankle problems, pregnancy, migraines, high blood pressure and/or heart conditions). We reserve the right to refuse to provide the Services to any Member of Your Group if We are not satisfied that they are fit to safely partake in the paintballing activity. We advise that if You or any Members of Your Group do suffer from any such condition then You should contact Us immediately. In some circumstances a letter from a certified health professional confirming that the individual is fit to partake in the paintballing activity will be sufficient.
4.6 We request that You advise all Members of Your Group to attend the Premises in suitable attire (including for the type of activity and the weather conditions on Delivery Date). Participants must not wear open shoes, sandals or unlaced shoes. Clothes may become dirty or covered in paint. Long hair must be tied back. Hats, scarves and Jewellery (including but not limited to earrings, piercings and necklaces) must not be worn.
4.7 We accept no liability for damage to any clothing and request that You provide each Member of Your Group with a copy of the Disclaimer prior to attending the Premises on the Delivery Date. Any Member of Your Group who attends the Premises in unsuitable attire may be refused entry and no refund shall be made in such circumstances.
4.8 All Members of Your Group must bring identification with them to the Premises on the Delivery Date which confirms their age as at the Delivery Date. We reserve the right to refuse to provide the Services to any Member of Your Group (without refund) who We believe to be below the age of 18 (save where they provide a Disclaimer (in the form which can be found at http://www.marchbrookpaintball.co.uk/pdf/parent-guardian-disclaimer.pdf) signed by the individuals parent or legal guardian) and in all circumstances to individuals who are less than 11 years old.
4.9 We confirm that We have public liability insurance in place (a copy of which will be provided upon request). However, We strongly advise that You and each Member of Your Group obtain personal accident insurance before attending the Premises or taking part in any paintball activity.
4.10 If You do not pay Us for the Services when You are supposed to as set out in clause 6 We may suspend and/or terminate the Services (without any liability to You and without refund) with immediate effect until You have paid Us the outstanding amounts.
4.11 We reserve the right to suspend and/or terminate the Services (to one or every Member of Your Group) without liability or refund to You if we believe in Our reasonable opinion that You or any Member of Your Group is:
4.10.1 Acting contrary to the safety instructions provided during the Induction;
4.10.2 Acting in a violent or threatening manner;
4.10.3 Under the influence of alcohol or drug;
4.10.4 In breach of any of the terms of the Contract between You and Us;
4.10.5 Persistently acting in a manner contrary to instruction from Us or any member of Our staff.
5. If there is a problem with the services
5.1 In the unlikely event that there is any defect with the Services or Equipment then please notify Us immediately. If due to such defect You are unable to receive the benefit of the Services then We will refund You only such proportion of the Price as relates to such proportion of the Services as such Member of Your Group fails to receive. Our liability is limited to this extent.
5.2 As a consumer, You have legal rights in relation to Services not carried out with reasonable skill and care, or if the Equipment We use are faulty or not as described. Advice about Your legal rights is available from Your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. Price and payment
6.1 The price of the Services will be set out in Our price list in force at the time You place Your Order. Our prices may change at any time, but price changes will not affect Orders that You have already placed.
6.2 These prices include VAT (where applicable). However, if the rate of VAT changes between the date of the Order and the date of delivery or performance of the Services, We will adjust the rate of VAT that You pay, unless You have already paid for the Services in full before the change in the rate of VAT takes effect.
6.3 When submitting an Order, We will ask You to pay the Price in full. Your rights to a refund on cancellation are set out in clause 9.
6.4 You are entitled to cancel the Contract between You and Us and receive a full refund of the Price provided that You have notified Us in writing prior to receipt of confirmation of Our acceptance of Your Order.
6.5 If You do not make any payment when due We reserve the right to suspend the Services until full payment is made and/or terminate the Contract.
6.6 If payment is made by credit card and later the payment is found not to have completed than, We may charge interest to You on the overdue amount at the rate of 3% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
6.7 Prior to leaving the Premises You and each Member of Your Group will return all Equipment to Us (including but not limited to paintball guns, unused grenades and/or paintballs). No refund will be made for any items of Equipment for which You or any Member of Your Group have paid but not used.
6.8 You will be liable for payment in full for the costs of any repair of any and all damage caused by You and/or any Member of Your Group to the Premises and/or any items of Equipment.
6.9 You acknowledge that You will be liable personally for any unpaid debt of any Member of Your Group in relation to the Services.
7. Our liability to you
7.1 If We fail to comply with the Contract between You and Us (save where such failure is as a result of an Event Outside of Our Control), We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of the Terms or Our negligence, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of Our breach or if it was contemplated by You and Us at the time We entered into this contract.
7.2 Under no circumstances whatever shall We be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for any loss which results from the acts or omissions of You or any Member of Your Group (including but not limited to failure to follow safety instructions provided to You or where You or any Member of Your Group fail to provide accurate details of their age or pre-existing medical conditions in accordance with these Terms).
7.3 We do not exclude or limit in any way Our liability for:
7.3.1 death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors;
7.3.2 fraud or fraudulent misrepresentation;
7.3.3 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982
8. Events outside our control
8.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under Our Contract with You that is caused by an Event Outside Our Control.
8.2 An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, severe weather conditions, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.
8.3 If an Event Outside Our Control takes place that affects the performance of Our obligations under Our Contract with You:
8.3.1 We will contact You as soon as reasonably possible to notify You;
8.3.2 Our obligations under Our Contract with You will be suspended;
8.3.3 We maybe required to suspend and/or cancel Our Service to You;
8.3.4 Our obligations will be extended for the duration of the Event Outside Our Control.
8.4 If an Event Outside Our Control takes place that affects the performance of Our Obligations We may at Our discretion:
8.4.1 Suspend the Services for the duration of the Event Outside Our Control and restart the Services as soon as reasonably possible after the Event Outside Our Control is over;
8.4.2 (if prior to commencement of the Services) cancel Our Contract with You and provide a credit for the amount You have paid in cleared funds for use against future Services;
8.4.3 (if after commencement of the Services and where We have provided less than 50% of the Services) cancel Our Contract with You and provide a credit for the amount You have paid in cleared funds for use against future Services;
8.4.4 (if after commencement of the Services and where We have provided more than 50% of the Services) cancel Our Contract with You and provide a credit for 50% of the amount You have paid in cleared funds for use against future Services;
8.5 Under no circumstances will We be liable to You for a sum more than the aggregate total paid by You in full and cleared funds at the date of termination of the Contract.
9. Your rights to cancel and applicable refund
9.1 Before We begin to provide the Services, You have the following rights to cancel an Order for Services:
9.1.1 You may cancel Your Order for Services (for any reason) at any time prior to 20 Business Days before the Delivery Date. Provided You comply with the timescales in this clause We will provide You with a full refund
9.1.2 You may cancel Your Order for Services (for any reason) at any time between the period of 20 Business Days and 15 Business Days before the Delivery Date. If You choose to cancel Your Contract with Us during this period then You will remain liable for 25% of the Price and We will refund the remainder of any additional sums paid;
9.1.3 You may cancel Your Order for Services (for any reason) at any time between the period of 15 Business Days and 10 Business Days before the Delivery Date. If You choose to cancel Your Contract with Us during this period then You will remain liable for payment of 50% of the Price and We will refund the remainder of any additional sums paid;
9.1.4 You may cancel Your Order for Services (for any reason) at any time between the period of 10 Business Days and 5 Business Days before the Delivery Date. If You choose to cancel Your Contract with Us during this period then You will remain liable for payment of 75% of the Price and We will refund the remainder of any additional sums paid;
9.1.5 You may cancel Your Order for Services (for any reason) at any time between the period of 5 Business Days before the Delivery Date and the Delivery Date. If You choose to cancel Your Contract with Us during this period then You will remain liable for payment of the full Price and no refund will be made to You;
9.1.6 However, where You have cancelled an Order because of Our failure to comply with the terms of Our Contract with You (except where We have been affected by an Event Outside Our Control) and no provision in these Terms entitles Us to retain any part of the Deposit and/or Price, then You do not have to make any payment to Us and You shall be entitled to a full refund of any sums paid by You in relation to the Contract;
9.2 You may cancel the contract for Services with immediate effect by giving Us written notice if We change these Terms under clause 3.1 to Your material disadvantage.
9.3 No refunds will be made for any unused Equipment purchased by You for use in conjunction with the Services.
9.4 If You have made payment of any part of the Price or Deposit using a voucher then any refund made to You shall be in the same form i.e. a refund will be made by way of production to You of a new voucher for an equivalent amount which can be redeemed against future Services.
10. Our rights to cancel and applicable refund
10.1 We may have to cancel an Order before the start date for the Services, due to an Event Outside Our Control or unavailability of key personnel or key materials without which We cannot provide the Services. If this happens:
10.1.1 We will promptly contact You to let You know;
10.1.2 if You have made any payment in advance for Services that have not been provided to You, We will refund these amounts to You (if payment has been made by way of a voucher then a refund will be in the format in which payment was made to Us);
10.2 We may cancel the contract for Services at any time with immediate effect and without any refund, by giving You written notice if You or any Member of Your Group breaks the Contract in any material way and You do not correct or fix the situation immediately.
11. Information about us and how to contact us
11.1 We are a company registered in England and Wales. Our company registration number is 08972448 and Our registered office is at 2nd Floor, Refuge House, 33-37 Watergate Row, Chester, Cheshire, CH1 2LE.
11.2 If You have any questions or if You have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at 01978 480 120 or by e-mailing Us at email@example.com
11.3 If You wish to contact Us in writing, or if any clause in Our Contract with You requires You to give Us notice in writing (for example, to cancel the Contract for Services which We have started to provide), You can send this to Us by e-mail, by hand, or by pre-paid post to Marchbrook Paintball Limited at 2nd Floor, Refuge House, 33-37 Watergate Row, Chester, Cheshire, CH1 2LE. We will confirm receipt of this by contacting You in writing. If We have to contact You or give You notice in writing, We will do so by e-mail, by hand, or by pre-paid post to the address You provide to Us in the Order.
12. How we may use your personal information
12.1 We will use the personal information You provide to Us to:
12.1.1 provide the Services;
12.1.2 process Your payment for such Services; and
12.1.3 inform You about similar services that We provide;
You may stop receiving these at any time by contacting Us at firstname.lastname@example.org
12.2 We may give Your personal data to selected third parties so that they can provide You with information about their goods or services. If You do not want Us to disclose information to these third parties please contact Us at email@example.com
13. Other important terms
13.1 We may transfer Our rights and obligations under Our Contract with You to another organisation, and We will always notify You in writing if this happens, but this will not affect Your rights or Our obligations under the such Contract.
13.2 This contract is between You and Us. No other person shall have any rights to enforce any of its terms.
13.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.4 If We fail to insist that You perform any of Your obligations under these Terms, or if We do not enforce Our rights against You, or if We delay in doing so, that will not mean that We have waived Our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that We will automatically waive any later default by You.
13.5 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
13.6 You and We irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).