BACKGROUND:

 

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which we sell our axe throwing experience (“Experience”) through this website https://awuat.uk/ (“Our Site”). 

Please read these Terms and Conditions carefully and ensure that you understand them before you purchase an Experience from Our Site.  You will be required to read and accept these Terms and Conditions when Booking an Experience.  If you do not agree to comply with and be bound by these Terms and Conditions, you will not be able to book an Experience through Our Site. 

1. Definitions

 
1.1       In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Booking” means your Booking for an Experience and other Services we may provide;

“Booking Confirmation” means Our acceptance and confirmation of your Booking;

“Booking Party” means those participants with whom you attend Our Premises for the Experience;

“Business” means any business, trade, craft, or profession carried on by you or any other person/organisation;

“Consumer” means a “consumer” as defined by the Consumer Rights Act 2015, and in relation to these Terms and Conditions means an individual who purchases an Experience for the individual’s personal use and for purposes wholly or mainly outside the purposes of any Business;

“Experience” means Our axe throwing experience held at Our Premises following a safety briefing, including any training and equipment required for the Experience;

“Our Premises” means the premises at which We hold the Experience at 21 High Street, Grantham NG31 6PH;

“Services” means all of the services We provide both during the Experience and at Our Premises;

“We/Us/Our” means Richard Chapman trading as Alpha Wolf Urban Axe Throwing, 21 High Street, Grantham NG31 6PH.

 

2. Experiences, Pricing and Availability

 

2.1       We make all reasonable efforts to ensure that all general descriptions of the Experiences available from Us correspond to the actual Experience that will be provided to you, however, please note that the exact nature of the Experience may vary depending upon your individual requirements and circumstances.

2.2       Please note that Clause 2.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to variations of the correct Experience, not to different Services altogether.

2.3       During the Booking process, you will be required to select the required Experience.

2.4       We neither represent nor warrant that all Experiences will be available at all times and cannot necessarily confirm availability until confirming your Booking.  Availability indications are provided on Our Site however, such indications may not take into account Bookings that have been placed by other customers during your visit to Our Site.

2.5       Whole lane Bookings are for the lane hire only regardless of how many of the Booking Party attend.  We cannot offer any refunds or discounts for those of the Booking Party that do not attend.

2.6       During busy periods, if you have Booked as a social thrower, we reserve the absolute right to combine your Experience with other social throwers to allow for better lane utilisation.

2.7       We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary.  Changes in price will not affect any Booking that you have already placed and paid for.

2.8       All prices are checked by Us when We process your Booking.  In the unlikely event that We have shown incorrect pricing information, We will contact you in writing before proceeding with your Booking to inform you of the mistake and to ask you how you wish to proceed.  We will give you the option to purchase the Experience at the correct price or to cancel your Booking (or the affected part thereof).  We will not proceed with processing your Booking until you respond.  If We do not receive a response from you within 5 days, We will treat your Booking as cancelled and notify you of the same in writing.

2.9       In the event that the price of the Experience you have Booked changes between your Booking being placed and Us processing that Booking and taking payment, you will be charged the price shown on Our Site at the time of placing your Booking.

2.10     We are not VAT registered.  Should We become VAT registered after you have made a Booking but before payment is due, we shall pass on the VAT but shall contact you and follow the same process as set out in Clause 2.8 above.

 

3. Bookings – How Contracts Are Formed

 

3.1       Our Site will guide you through the Booking process.  Before submitting your Booking to Us you will be given the opportunity to review your Booking and amend any errors.  Please ensure that you have checked your Booking carefully before submitting it.

3.2       The details that you provide and confirm in the booking form must be complete and correct.

3.3       You must be over the age of 18 to Book an Experience. Any participant in your Booking Party must be over the age of 8.

3.4       When you agree to these Terms and Conditions, you are agreeing on behalf of all of your Booking Party that they will be bound by the Terms and conditions, including any relating to health and safety, and behaviour whilst at the Premises and during the Experience.

3.5       No part of Our Site constitutes a contractual offer capable of acceptance.  Your Booking constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of your Booking does not mean that We have accepted it.  Our acceptance is indicated by Us sending you a Booking Confirmation by email.  Only once We have sent you a Booking Confirmation will there be a legally binding contract between Us and you (“the Contract”).

3.6       If We, for any reason, do not accept or cannot fulfil your Booking, no payment shall be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.

3.7       You may change your Booking at any time before the agreed date however, any changes must be agreed in writing and will be subject to any change in the price of the Booking.  If you wish to cancel the Booking then please refer to your rights of cancellation below (Clause 11).

3.8       We may cancel your Booking at any time before the Experience in the following circumstances:

3.8.1    The required personnel and/or required materials necessary for the provision of the Services are not available; or

3.8.2    Adverse weather affects the running of an Experience; or

3.8.3    An event outside of Our control continues for more than 28 days (please refer to Clause 14 for events outside of Our control).

3.9       If We cancel your Booking under Clause 3.8 and We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.  If We cancel your Booking, you will be informed by telephone, text or email.

3.10     Any refunds due under this Clause 3 will be made using the same payment method that you used when Booking the Experience.

3.11     Where you make a Booking as a Business these Terms and Conditions, together with any other terms referenced herein that are applicable to the Services, constitute the entire agreement between Us and you with respect to your Booking with Us.  You acknowledge that you have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out or otherwise referred to in these Terms and Conditions and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.

 

4. Payment

 

4.1       The payment for all Bookings must be made at the time of making the Booking.

4.2       If, for any reason, We agree with you (at Our absolute discretion) that payment is made after the date of the Booking, then payment must be made on or before the date We agree with you. If you do not make any payment to Us by the due date, We may charge you interest on the overdue sum at the rate of 10% per annum above the base lending rate of The Bank of England from time to time.  Interest will accrue on a daily basis from the due date for payment until the actual date of payment of the overdue sum, whether before or after judgment.  You must pay any interest due when paying an overdue sum.  This does not affect Our right to also cancel the Experience, in which case payment shall still remain due (plus interest) in full.

4.3       Where payments to Us are made through a third party payment service provider, which We may change from time to time – you will be required to accept the third party service provider’s terms and conditions and/or privacy policy at the time of making payment.

 

5          Provision of the Services

 

5.1       As required by law, We will provide the Services with reasonable skill and care, and in accordance with any information provided by Us about the Experience and/or Our Services and about Us. 

5.2       We will make every reasonable effort to provide the Services.  We cannot, however, be held responsible for any delays if an event outside of Our control occurs.  Please refer to Clause 14 for events outside of Our control.

5.3       If We require any information or action from you in Booking to provide the Services, We will inform you of this as soon as is reasonably possible.  If the information you provide or the action you take is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result and may cancel the Booking.  In this instance, you will not be entitled to any refund.

5.4       If you are a Consumer, and We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price.  If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price.  If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance.  In cases where a price reduction applies, this may be any sum up to the full cost of the Booking and, where you have already made payment(s) to Us, may result in a full or partial refund.  Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you. 

5.6       If you are a Business, and We do not perform the Services with reasonable skill and care, We will offer you a Voucher up to the cost of the Booking, subject to Our Gift voucher Terms below.

5.7       We do not provide parking, meals or refreshments at the Premises.

 

11. Your Rights to Cancel the Booking

11.1     Whether you are a Consumer or a Business, although making this Booking online, as you are asking Us to set aside a set time and date at Our Premises for you to undertake the Experience, then, once the Booking Confirmation has been sent to you, legally you have no right to cancel the Booking.

11.2     However, We understand that sometimes you will need to cancel a Booking.  Provided that you contact Us by email no later than 48 clear hours prior to the Booking date (for example, if your Booking is at 14.15pm on the 5^th day of the month, you must send Us an email by 23:59 on the 2^nd day of the month. 

11.3     In the event of your cancelling the Booking in accordance with Clause 11.2, We will offer to rebook the Experience on another available date, or offer you a Gift voucher (subject to our Gift voucher terms and conditions).  We will not offer any refunds.

11.4     You may be entitled to cancel immediately by giving Us written notice in the following circumstances:

11.4.1  We breach the Contract in a material way and fail to remedy the breach within a reasonable time of you asking Us to do so in writing; or

11.4.2  We go into liquidation or have a receiver or administrator appointed over Our assets; or

11.4.3  We change these Terms and Conditions to your material disadvantage; or

11.4.4  We are adversely affected by an event outside of Our control that continues for more than 28 days.

 

12. Our Rights to Cancel

 

12.1     We may cancel any Experience due to an Event outside of Our control that continues for more than 28 days, or due to the non-availability of required personnel necessary for the provision of the Services, or due to adverse weather conditions.  In such cases, We will try to re-book your Experience, offer you a Gift Voucher or a full refund.  Refunds due under this Clause 12 will be issued to you within 14 days after the day on which We inform you of the cancellation.  Refunds will be made using the same payment method you used when Booking the Experience.

12.2     We may cancel the Booking immediately by giving you written notice in the following circumstances:

12.5.1  You fail to make a payment by the due date.  This does not affect Our right to charge you interest on any overdue sums; or

12.5.2  You breach the contract in a material way and fail to remedy the breach within the set time of Us asking you to remedy the breach; or

12.5.3  You, or any of the Booking Party, breach our Experience Rules as set out at Clause xx blow.

12.3     If We cancel the Booking for any of the reasons set out in Clause 12.2 you will not be entitled to any full or part refund for the Booking.

 

12.4    Our Experience Rules

 

12.1     During the Booking process, You will be asked to choose which Experience you wish to attend and the date.  Please see our Site for the Experiences that can be booked, and the number of participants required for each Booking.

12.2     Where you make a single Booking for social throwing, We will endeavour to pair you with other single participants, or have one of Our team throw with you but this cannot be guaranteed.

12.3     We will use all reasonable endeavours to start the Experience You have booked at its scheduled start time, but the start may be delayed by overrun of a previous Booking or by other circumstances. If a delay to the start is at least 3 hours, or, if at any time before or after You arrive for an Experience We notify You that there will be a delay of at least that time, You may cancel the Experience and We will refund to You in full the payment that You have made to Us for that Experience.

12.4     For the purpose of this Clause 12.4, any reference to Your or Your means You, any member of the Booking Party or any other participant or person that you bring to Our Premises.

12.5. Any breach of this Clause 12.5 will amount to a material breach of these Terms and Conditions and will result in Your expulsion from the Experience and/or the Premises or Our cancelling the total Booking:

• You must be 18 or over to Book an Experience. Minors, under the age of 18, must be accompanied by at least 1 adult over the age of 18 for every 3 minors.
• You must not bring any participant to the Premises unless they are booked to participate in the Experience.
• You must attend the Premises at least 15 minutes before the Booking time to attend a health and safety briefing, and will be required to sign a Waiver details of which can be found here – insert a link. You will not be able to participant in an Experience unless You attend the briefing and agree to the Waiver.
• If you arrive later than stated in Clause 12.3.3 above, or after the Experience has started, We reserve the absolute right to refuse you to participate in the Experience.
• Your conduct whilst on Our Premises and during the Experience must, at all times, be acceptable and you must follow any rules on Our Site, given to you by Our staff members or at the Premises, and follow all health and safety guidelines. We have the sole and absolute right to determine what amounts to unacceptable conduct.
• You acknowledge that an Experience may be physically strenuous and you agree that you voluntarily participate in the Experience with full knowledge that even if We and the relevant instructors are not negligent there is a risk of personal injury or illness arising from your participation in such an Experience.
• Our Experiences may be unsuitable for you if you have special needs, or any medical, health or fitness problem or condition. If you have any medical condition, please seek advice from a specialist before booking an Experience.
• You must not attend our Premises and will not be able to participate in any Experience when under the influence of alcohol or illegal drugs.
• Animals are not permitted into Our premises with the exception of guide dogs. If you require the use of a guide dog, you should inform Us of that before making a Booking;
• Smoking is not allowed during an Experience or on the Premises.
• You should wear non-restrictive clothing. You may wear fancy dress but only if you can take part in the Experience safely, and your dress will not offend Us or any other person attending Our Premises. We have the absolute right to determine if clothing is appropriate.
• You must wear suitable foot-wear – open toed shoes are strictly prohibited.
• You must adhere to any government restrictions that are in place, whether nationally or locally, for example (but not limited to), the wearing of face masks.

you to ask your GP first if you have any concerns. Also, if

13. Gift Vouchers

 

13.1     Gift vouchers are redeemable for the Experience stated on them, or up to the value stated on the Voucher.

13.2     Gift vouchers cannot be redeemed party or wholly for cash.

13.3     Gift vouchers are valid for a period of 6 months from the date of purchase.  Any Booking for an Experience must be made within that 6 month period, but the Booking date may be later than the expiry period.

13.4     Whole lane Gift vouchers accommodate the maximum of 6 people.

13.5     Competition lane Gift vouchers house the maximum of 12 people.

13.6     Gift Vouchers can be redeemed subject to availability.

13.7     If Gift vouchers are redeemed during a special offer which is not equal to the value of the Gift voucher, then no change will be given, and the Gift voucher will expire.

 

14. Events beyond our reasonable control

 

14.1     We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, industrial action by third parties, civil unrest, fire, explosion, flood, storms, earthquakes, adverse weather conditions, subsidence, acts of terrorism, acts of war, governmental action, epidemic, pandemic or other natural disaster, or any other event that is beyond Our reasonable control

14.2     If any event described under this Clause 14 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:

14.2.1  We will inform you as soon as is reasonably possible;

14.2.2  Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

14.2.3  We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;

14.2.4  If the event outside of Our control continues for more than 28 days We may cancel the Contract and inform you of the cancellation. 

14.2.5  If an event outside of Our control occurs and continues for more than 28 days and you wish to cancel the Contract as a result, you may do so in any way you wish (email, in writing etc).

14.3     If you are a Consumer, any cancellation under this Clause 14 will entitled you to a refund of the Booking and the refund will be paid to you as soon as is reasonably possible and in any event no later than 14 calendar days after the date on which you inform Us that you wish to cancel.

14.4     If you are a Business, any cancellation under this Clause 14 will entitle you to a Gift voucher to the value of the Booking, subject to Our Gift voucher terms below.

 

15. Limitation of Liability

 

15.1     We will be responsible for any foreseeable loss or damage that You may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when Our contract with you is created. We will not be responsible for any loss or damage that is not foreseeable.

15.2     Where you have made a Booking as a Consumer, We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity and nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to you, or your rights or remedies, under any consumer legislation.

15.3     Where you have made a Booking as a Business, subject to Clause 15.4:

15.3.1  We will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and Us; and

15.3.2  Our total liability to you for all other losses arising out of or in connection with any contract between you and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the price paid for the Booking.

15.4  Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; or for any other matter in respect of which liability cannot be excluded or restricted by law.

15.5     If you bring any personal belongings onto Our Premises, We do not undertake to keep them safe or provide any storage place for them. Their loss or damage will be at your own risk except where such loss or damage is due to any deliberate or negligent act by Us or Our staff. We will not be responsible for any loss or damage to your personal belongings caused by any other customer, guest or visitor to Our Premises even where you leave or store them in any place at Our Premises.  We therefore advise you not to bring any valuable belongings to Our Premises.

 

16. Changes to Terms and Conditions

 

We may from time to time change these Terms and Conditions without giving you notice, but We will use Our reasonable endeavours to inform you as soon as is reasonably possible of any such change.

 

17. Complaints

 

We always welcome feedback from you and, whilst We always use all reasonable endeavours to ensure that your experience as Our customer is a positive one, We nevertheless want to hear from you if you have any cause for complaint. If you have any complaint about an Experience or any other complaint about Us or any of Our staff, please contact Us.

 

18. How We Use Your Personal Information (Data Protection)

 

We will only use your personal information that you submit through this Site as set out in Our Privacy Policy, available from insert a link.

 

19. CCTV

 

We use CCTV at our premises for both the security and safety of all of Our staff and visitors.  A full copy of our CCTV policy is available from insert a link

 

20. Photography and Promotional Videos

 

From time to time we will take photos and videos of staff and visitors during their time at Our premises. This content is solely for the use of advertising and marketing which may appear on third party material such as websites and leaflets. By making a booking with us, you are providing your consent to this. To opt out please email rich@awuat.uk and provide the following information in your email: name, event booked, and date of booking.

 

21. Other Important Terms

 

21.1     We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.

22.2     You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.

22.3     The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

22.4     If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.

22.5     No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.

 

23. Law and Jurisdiction

 

23.1     These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.

23.2     Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.