TERMS AND CONDITIONS OF BOOKING
1. THESE TERMS
1.1 These are the terms and conditions on which you join us on an Escape Game Experience (“the Escape Game”), and the Escape Game shall be known as an “Experience”. We hold the right to amend or vary these terms and conditions including any of the contents of the website from time to time at our sole discretion without prior notice.
1.2 Please read these terms carefully before you submit your booking to us. These terms tell you who we are, how we will provide the Experience to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
1.3 Please note that, if you are making the booking on behalf of others in your group, it is your responsibility to ensure that these additional players agree to these terms and are in receipt of all relevant information relating to the booking. Hourglass Escapes Ltd shall not be responsible if members of your group are unable to participate in an Experience as a result of you failing to provide them with all the relevant information.
2. INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 We are Hourglass Escapes Ltd, a company registered in England and Wales. Our company registration number is 12324029 and our registered office is at 7a Downham Road, Outwell, Norfolk, PE14 8SE.
2.2 You can contact us by using the contact details shown on our website.
2.3 If we have to contact you, we will do so by telephone or by writing to you at the email address provided to us in your order.
3. OUR CONTRACT WITH YOU
3.1 Our acceptance of your booking will take place when your payment is processed successfully, and you reach the booking confirmation page, at which point a contract will come into existence between you and us. We will also send you an email confirmation.
3.2 If we are unable to accept your booking, for example because of limitations on our resources, we will inform you of this in writing and will not charge you.
4. YOUR EXPERIENCE
4.1 We will deliver the Experience to you on the date specified in the booking confirmation email that we sent you.
4.2 Before participation in the Experience all participants will be required to agree to abide by our measures to keep staff and customers safe through our COVID-19 guidelines. We also encourage you to complete the track and trace process. Any participant who does not agree to these terms will not be permitted to participate in the Experience (as relevant) and shall not be due any refund. In line with government guidance all parties in your group are encouraged to check in on the NHS track and trace app.
4.3 You acknowledge that it is your responsibility to contact us regarding the suitability of our games for any health or disability issues that you may be concerned about.
4.4 In an Escape Game any participants under the age of eighteen (18) must be accompanied by a responsible person over the age of eighteen (18). You will not be entitled to a refund for places not filled as a result of these age restrictions.
5. YOUR RIGHT TO CANCEL OR CHANGE YOUR BOOKING
5.1 You will not be due any refund should you cancel your booking.
5.2 Re-scheduling your booking may be possible, but only at the discretion of the Hourglass Escapes Ltd management. In all circumstances, your request to re-schedule a booking must be made more than 24 hours prior to the time of the original booking, and any re-scheduled booking must be within 30 days’ of your original booking. If, for whatever reason, we are unable to accommodate your booking on an alternative date, or if you give us less than 24 hours’ notice of your request to reschedule a booking, you will not be due a refund.
6. OUR RIGHT TO CANCEL OR AMEND YOUR BOOKING
6.1 In certain circumstances, we may need to cancel your Experience. If we do so we will use reasonable endeavours to contact you as soon as possible.
6.2 Similarly, we may make changes to the Experience such that it differs from that as advertised when you booked. If the changes we make are significant, we will use reasonable endeavours to contact you as soon as possible. In such circumstances, should you not wish to proceed with your booking, you may reschedule your booking or request a full refund.
6.3 In the circumstances set out in 6.3.1 to 6.3.2 we may cancel this agreement and you shall not be due a refund:
6.3.1 if, in the opinion of any of Hourglass Escapes Ltd’s staff, you or any participants are intoxicated or are behaving in an aggressive, abusive or threatening way towards either Hourglass Escapes Ltd staff or any other customers; or
6.3.2 you or any participants do not participate in the Experience in accordance with the safety rules and advice provided to you by members of our staff prior to, or during, the Experience.
7. HOW TO CANCEL YOUR BOOKING
To inform us that you would like to cancel your booking with us, please use the contact details set out on our website or shown on your booking confirmation email.
8. IF THERE IS A PROBLEM WITH THE EXPERIENCE
8.1 We are under a legal duty to provide the Experience in conformity with this contract. Nothing in these terms will affect your legal rights.
8.2 Should we deliver the Experience in a way which is significantly different from that as advertised when you booked, or during your participation the Experience is subject to significant technical faults (such that you are prevented from being able to complete the Experience, or your Experience is significantly impaired) you may ask to participate the Experience again on a different date or request a refund.
9. PRICE AND PAYMENT
9.1 The price of your booking (which includes VAT) will be the price indicated on the booking and payment pages of our website at the time you place your booking. Once your payment has been processed, we will also send you an email receipt confirming how much you paid. We reserve the right to change pricing at any time. To the extent that we do amend the price, the price paid for any booking prior to the price change will be unaffected and you will not be due a refund or required to pay any additional sums.
9.2 To the extent that you bring less players to the Experience than booked, the price difference will not be refunded. Please note that there may be a minimum number of players for any game. Please check the relevant experience details for more information or contact us using the details shown on our website.
9.3 In case you have brought more players to the Experience than booked, the price difference can be settled upon arrival. Please note that there may be a maximum number of players for any game. Please check the relevant experience details for more information or contact us using the details shown on our website.
9.4 We accept payment by Visa, MasterCard, American Express credit and debit cards. Full payment must be made at the time of booking unless previously agreed with our management.
10. OUR LIABILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
10.1 We shall be liable to you for loss or damage which you suffer that is foreseeable. However, we shall not be liable for loss or damage which is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen, or we both knew that there was a possibility that it might happen at the time you made your booking.
10.2 Whilst your escape experience is insured by both the venue and public liability held by Hourglass Escapes Ltd, you undertake to act carefully whilst within the experience and will not take unnecessary risks such as climbing on unsafe surfaces that are not designed for that purpose. The game does not require such activities and customers are made aware of this by staff during their briefing. All players or where relevant under clause 4.4, their supervising adult, are responsible for their own safety during the experience.
10.3 Subject to clause 10.1 our total liability to you, howsoever arising under or in connection with the contract, shall be limited to 100% of price paid or payable by you under the contract.
10.4 Nothing in these Terms and Conditions seeks to exclude or limit our liability for death or personal injury caused by our negligence (including that of our employees, agents or subcontractors) or for fraud or fraudulent mirespresentation.
11. HOW WE MAY USE YOUR PERSONAL INFORMATION
11.2 We will store your data inline with the new NHS track and trace compliance regulations.
12. OTHER IMPORTANT TERMS
12.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
12.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
12.3 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.
12.4 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
12.5 These terms are governed by the law of England and Wales. You can bring legal proceedings in respect of the Hourglass Escapes Ltd experience in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.