In these terms of business the following definitions apply
1.1. “We/Us/Our” shall mean Hamburger Hill Ltd whose registered office is at Common Wood, Hunstrete, Bristol BS39 4NT. Company telephone number 0800 980 3 980.
1.2. “Purchaser/You/Your” shall means the person who makes the Booking on behalf of the people, party or entity/organization participating in the Event, and collectively means each and every person on whose behalf a booking has been made.
1.3. “Participant” shall mean a person taking part in an Event, which may or may not also be Purchaser.
1.4. “The Event/Booking” shall mean the activity, function, occasion, arrangement or such service provided by Us and specified by Us in our booking form.
1.5. “Activity/Activities” shall mean the Event(s) in whole or in part as specified in the Booking confirmation, in example, paintball, quad biking, or Pulse Ranger laser combat.
1.6. “Check In” shall mean the time at which Participants turn in their registration forms on the day of an Event.
1.7. “Deals” shall mean any special rates We have in place for Activities at Our site.
2. Booking Procedure
2.1. A Provisional Booking may be made via Our website, the telephone or in writing. In order to finalize a Booking, You will be required to make an initial deposit of £10.00 per person per Activity, which shall be due two weeks prior to the Event.
2.2. In completing such details, You warrant that You have been duly authorised by or on behalf of other people, party or entity so stated, and they have agreed to be bound individually and collectively by the within written terms and conditions. Subject to satisfactory details and receipt of the appropriate deposit as set out hereafter, booking acceptance confirmation will be issued to You. A binding contract is in force from receipt of the initial deposit on the within written terms and conditions.
2.3. These terms and conditions supersede all previous terms and conditions previously issued or verbally given.
2.4. Any Deals offered by Us must be pre-arranged at time of Check In on the day of the Event at the very latest. Once Participants have been Checked In, Deals cannot be added or altered by Participant or Our staff.
3. Event Procedure
3.1. On the day of Your Event, all Participants will be required to arrive 15 minutes prior to Activity time as specified on Our booking confirmation. At such time, Participants must fill out a registration form as provided. Incomplete or unreadable forms will not be accepted and will result in participation in Your scheduled Activities being refused.
3.2. Upon Check In with Our staff, Participants must present any vouchers to be redeemed, or state Deals Participant would like applied to an Activity otherwise full entry fee will apply. Activity rates and/or Deals cannot be changed once Check In has been completed.
3.3. By signing Our registration form, all Participants agree to the following Release & Rental Agreement rules:
- 3.3.1. Participant acknowledges that We will not be held liable in the case of an accident unless We have failed to take reasonable steps in Our duty of care.
- 3.3.2. Participant recognises that there are natural hazards within the areas where the activity is taking place, such as fallen trees, rabbit warrens, etc.
- 3.3.3. Participant acknowledges that Participant is required to comply with all rules and regulations explained, and use equipment provided only as instructed and in a manner as to not injure or hurt others, and Participant will at all times adhere to and obey directions of Our staff.
- 3.3.4. Participant will not be under the influence of any drink or drugs at any time during attendance.
- 3.3.5. In the event that Participant is unable or unwilling to adhere to Our code of conduct and rules and regulations relating to Our Activities, Participant will be prevented from continued participation, without refund of any kind, and if requested, will be asked to leave Our premises.
- 3.3.6. When playing paintball, Participant will wear goggles provided, or goggles which meet BS standards as supplied by Participant, at any time in the paintballing game zone, and that Participant will never under any circumstances deliberately shoot anyone in the head or face area.
- 3.3.7. When quad biking, Participant will wear protective helmets provided at all times, and will not under any circumstances deliberately make contact with another quad bike or person whether stationary or moving.
- 3.3.8. Participant accepts that We reserve the right to make appropriate charges to anyone for malicious or accidental damage to, or non-return of any equipment provided to or used by Participant. Participant agrees to pay these charges in such event.
- 3.3.9. Participant agrees that any goods or services provided to Participant will be paid for in full prior to departure from the venue, and Participant is aware of such costs as displayed at the premises.
- 3.3.10. Participant is aware that any unsettled accounts (including dishonoured cheques or credit card payments) howsoever arising, are subject o the following charges: 2% interest per month or part outstanding, £9 per letter, and £5 per telephone call made us in pursuit of unpaid accounts.
- 3.3.11. Participant is aware of the payment methods accepted at Our site.
- 3.3.12. Participant accepts We will not give personal information to any other company, but may contact Participant periodically to advise of special offers/promotions, etc.
- 3.3.13. Participant is aware that images taken during Activity may be published on Our website, and may also be used in future advertising/marketing free of any charge.
- 3.3.14. In participating in Activities at Hamburger Hill, or visiting Our venue, Participant hereby releases, remises and forever discharges from any claims or liabilities whatsoever without limitation that Participant might have against Us or Our employees, the owners of the property in which the Activities take place and any other Participant taking part in the Activities.
All booking confirmations are subject to our receiving from You the initial deposit of £10.00 per person per Activity. Once your booking has been confirmed, your right to cancel without penalty ends as designated by The Office of Fair Trading, as we have booked you into a sporting event at a specific date and time. Upon confirmation, deposits are considered non-refundable, and will be forfeited upon cancellation. Deposit will be due two (2) weeks prior to Your Event. The following methods of payment are acceptable:
4.1. Cheque – Deposits should be made payable to Us (Hamburger Hill Ltd).
4.2. Credit/Debit Card – You may pay with any major card over the telephone by calling our site directly.
4.3. Bank Transfer – Our BACS details will be supplied to You for this purpose upon request.
4.4. All balances shall be paid in full on the date of the Event. This can be made by Cash, Cheque, or any major Debit/Credit card at Our site / the Event location.
4.5. Deposit payments should only be received by You. Individual payments of deposit prior to the Event cannot be accepted. If full deposit is not received by the date specified by Us on Our booking confirmation, then We reserve the right to cancel Your reservation and cancellation charges will apply as detailed below [see Condition 5].
5. Changes By You
5.1. We will seek to accommodate any reasonable alterations or variations [to include those relating to the number and identity of people in Your group, the activities selected, and the accommodation required (“Variations”)] that You may wish to be made to Your booking up to two weeks prior to the date of the commencement of the Event. Please note that acceptance of the Variations cannot be guaranteed. Please also be aware that changes in number of Participants may lead to a change in the final price of your booking, and the deposits required. For bookings made within two weeks of the Event, Your details and requirements are to be advised, and deposits paid to Us immediately and can only be changed if circumstances permit.
5.2. On the day of the Event, once Participants have been Checked In by Our staff, no changes to Participants’ status may be made. This includes but is not limited to changes in Activity, package selection, or meal selection.
6. Cancellations & Refunds
6.1. All cancellations must be notified to use either in writing or over the telephone immediately. Charges are applied as follows.
6.2. More than two weeks prior to Event – All monies that have been collected will be held for future rescheduled Event.
6.3. Within two weeks of Event – Any deposits are forfeited as cancellation fee.
6.4. Refunds cannot be offered by Us on any unused paintballs purchased on the day of Your Event.
7. Activity/Event Availability
7.1. Unless otherwise forewarned, all Activities are offered year round, subject to availability and consumer demand.
7.2. You, by the use of Our facilities, automatically agree to be bound by Our conditions, and to comply with all of Our directions and requirements to include (without prejudice to the generality thereof) any such regarding safety and cancellations. An Event may be cancelled due, for example, to weather or other conditions or reasons beyond Our control. We cannot be held liable for Your costs incurred when We cancel activities at short notice.
8. Changes By Us
8.1. We reserve the right to make alterations or cancellations to Activities or other arrangements affecting your Event, or any part of it, at any time where necessary due to circumstances beyond Our control. We will inform You of any such changes as soon as possible. Should a substitution be made of lower value, You will be entitled to a credit against a future booking.
9.1. It is Your responsibility to take out adequate personal accident and travel insurance for Your protection, to include the risks of the cost of cancellation by You and the cost of medical and other treatment in the event of illness or accident. Some of the Events You wish to book may involve an element of risk.
9.2. We cannot be held responsible for injury or loss suffered by You other than as expressly set out in these terms and conditions. Further, in the event You participate in proceedings which do not form part of the Event booked with Us, this is also at you own risk and you should obtain the relevant insurance. You are recommended to check with Your insurers that Your insurance policy covers the activities You will be participating.
10. Health & Safety
10.1. You undertake to comply with all instructions and directions relating to the Event received from Us or any Providers from time to time, and to take such other prudent steps, so far as reasonably practicable, to the intent that the Event may be safe and enjoyable.
10.2. Some Activities do contain an element of risk. Whilst We take all reasonable precautions, we repeat that you do participate at Your own risk. If You have a medical condition that may be aggravated by participating in an Event with Us, such as back problems, pregnancy, or knee injury, please consider the suitability of such an Activity before booking.
11.1. We reserve the right to stop Your participation in any Activity or Event in whole or in part if in Our reasonable opinion You are unruly, violent, abusive, under the influence of drink or drugs, or deemed not capable to the extent that such state or condition is materially likely to endanger the safety or enjoyment of other Participants. We do not accept liability for the behaviour of You or others on or at the Event, and Participants found to have unacceptable behaviour will be removed from Activities with no refund given, and all balances to be paid in full prior to departure from Our site.
12. Adverse Weather / Conditions
12.1. In the event of adverse weather conditions or other matters beyond Our control, the Event or part of it may be cancelled, postponed or delayed. In such event, at our sole discretion, We may assist you to arrange an alternative Event, or We may give You a credit toward a future booking. We will not be liable for any travel or accommodation costs incurred by Participants in such circumstances.
13. Disclosure & Restrictions
13.1. You should make full disclosure to Us on the Booking form of any material matters that may affect our services and health and safety aspects. Some of the activities may have minimum and maximum requirements for age, height, weight, or other special restrictions. Some Events are not recommended for those with any disability, illness or infirmity. If You have an existing medical condition, allergies, or disability which may affect participation You must make disclosure thereof at the time of booking the Event. In the event that You have failed to give us this information at the time of booking, We reserve the right to cancel the booking and impose cancellation charges. Some Events may have an element of risk or danger and participation therein is at Your own risk.
14. Our Liability
Subject to any statutory exclusions:
14.1. We shall not be liable to You in contract, tort (including without limitation negligence) an/or breach of statutory duty for any loss or damage which You may suffer by reason of any act, omission, neglect or default (including negligence) in the performance of these conditions by Us, Our servants, and/or agents in a sum which is greater than the Booking price of the Event.
14.2. We will not be responsible for any injury, illness, death, loss, damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
- 14.2.1. The act(s) and/or omission(s) of any person(s) affected or any member(s) of Your party; or
14.2.2. The act(s) and/or omission(s) of a third party not connected with the provision of Your arrangements and which were unforeseeable or unavoidable; or
14.2.3. Force Majeure
15. Special Rates/Deals
15.1. Deals cannot be used in conjunction with any other offer, unless otherwise stated on Our voucher or direct correspondence with Us.
15.2. Deals must be reserved at time of Booking or Check In on Event day.
15.3. Deals and other offers are subject to withdrawal at any time without formal notice. Any changes or amendments will be published on Our website or in Our booking confirmation.
16.1. Should You wish to lodge a complaint, You must submit the complaint in writing by post or email within 30 days of the Event, to enable Us to resolve the matters raised by You. We will not deal with complaints that do not follow this procedure.
17.1. These conditions are personal to You. You shall not assign, transfer, or change your rights and responsibilities under these conditions or any of them, without Our prior consent.
17.2. The provisions of these conditions are severable and distinct from one another, and, if at any time any of the provisions is or becomes invalid, illegal, or unenforceable, the validity, legality, or enforceability of the other provisions shall not in any way be affected or impaired.
17.3. The headings in these conditions are for convenience only and do not affect the interpretation of these terms and conditions.
17.4. All notices under these conditions shall be in writing and may be served by post or email addressed to the other party at the address given to the other party for the purpose of service of notices under these conditions and every notice shall be deemed to have been served by post at the expiration of 48 hours after dispatch of the same, or if sent by email at twelve noon the next working day following dispatch.
18. Contracts (Rights of Third Parties) Act 1999
18.1. Nothing in this agreement shall confer on any third party any benefit or right to enforce any terms of this agreement.
19.1. This agreement shall be construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to deal with any disputes arising between You and Us or our suppliers.