DEFINITIONS AND INTERPRETATIONS
These terms and conditions set out our obligations to you and your commitments to us when booking events with Red Cactus Events. Our aim is to be as professional, resourceful and courteous as possible with both our customers, and suppliers. Foot-
“we”, “our” and “us” means Red Cactus Events “you”, “Your” or “Yourself” means the person making the reservation, and “group” includes all people travelling with you.
All events, activities, transport, accommodation, meals and other services of any description will be described as “Arrangements”.
“Book by Date” The date given to every arrangement quoted by Red Cactus Events, the quote is valid until this date when a non refundable deposit must be paid to secure the booking. In the event that the date passes without the deposit being paid Red Cactus Events may have to re-
“In writing” means by facsimile, email or letter.
“Lead Customer” means the person who has placed the booking. All bookings are made and accepted as a group booking and the person placing the booking takes responsibility for the reservation is the Lead Customer. The lead customer warrants that he/she, and all group members, are over 18 years of age and that the Group Leader has full capacity and authority to secure the booking in accordance with these Booking Conditions on behalf of all persons whose names appear in the booking and of others whom he/she may later add to the group. The lead customer agrees, on behalf of all group members, to be bound by these Booking Conditions. We reserve the right to decline a booking at our entire discretion.
All our arrangements are made up of different elements that are available to be purchased separately. This allows you to purchase just the accommodation element of the itinerary or any particular activities individually that feature within the quoted itinerary. We will treat each component separately so that the price charged in total for the booking of more than one component will always equal the prices charged separately for each individual component. Prices confirmed to you prior to your payment of your deposit will be listed and priced by component, with each component available to buy separately at the same price as if more than one component is booked. The flexibility we offer means that any multiple bookings do not constitute a package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992.
1.1 Upon receiving a quote from Red Cactus Events we will provide you with a “book by date” you will need to secure your booking before this date. To secure a booking, we require a non-
1.2 Once your booking has been made, you will be provided with a Booking Reference ID with login details. You agree to keep confidential and only disclose the login details as necessary to those individuals included in the group booking for the purposes of entering their details. You, as lead customer, are then required to enter details for each member of the group on your ‘Manage my Booking’ option of the group’s personal web page. This will trigger an email invitation being sent to all those members of the group, together with a link to the website and login details for individuals to confirm whether they will be included as part of the group. You confirm by entering the details of those individuals within the group that you have all the necessary consents from those individuals in the group to enter their details on the online booking form for the purposes of creating a booking to be confirmed by us following submission of the online booking form on our website.
1.4 The Lead Customer will have access to the section of the website allowing the Group Leader to ‘Manage my Booking’. This allows the Lead Customer to monitor the activity on the booking and to encourage all members of the group to make all requisite payments by the due dates (as set out in these Booking Conditions) and confirm all relevant details required in order to secure the booking and to finalise the booking for release of the travel/holiday/experience documents to the Group Leader.
1.5 We consider a late booking to be a booking made within 14 days of the event date. Any bookings made within this period are not subject to our standard payment terms. Payment in full is required upon booking. You are not obliged to cancel a late booking at any time. All late bookings are subject to availability and it is understood that you have read our terms and conditions.
2.1 You must pay a non-
2.2 Your personal event website will indicate the final balance of your Arrangements, the final balance due and the date this balance must be cleared by. The balance must be paid no less than 14 days prior to the start of your event. If you are booking within 14 days of the start date, you must pay the full cost of your event when you book. Payments can be made using a valid debit/credit card or cheque/BACS payment. There is no charge for payment by debit card, credit card or cheque.
2.3 Should the final balance not be received by us in time, we will inform the Lead Customer that the payment is overdue. If you do not then pay us within 3 days we will be entitled to treat your booking as cancelled by you and retain your deposit. If we do not cancel straightaway because you have promised to make a payment you must in addition pay the cancellation charges (See 3.3 Changes and Cancellations by you) depending on the date we reasonably treat your booking as cancelled.
Under all circumstances; all deposits, part payments, treatments, theatre or show tickets, administration charges, insurance premiums, service fees and transfers are non-
2.4 Each group member is required to make an individual payment to clear their balance, on doing so they are not entering into individual contracts with us, as you, the lead customer are still responsible for making them aware of our terms & conditions and ensuring that the final balance is received no later than 14 days before departure.
3. CHANGES AND CANCELLATIONS BY YOU
3.1 If you require a change to your booking in any way you must contact us in writing as soon as possible. We cannot guarantee that changes can be made but we will try and accommodate your requests as best as possible. You will be charged for any extra costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. These charges will be made aware to the lead customer who is responsible for the payment of all charges within 72 hours of an amendment being agreed. Please be aware these are not amendment charges but charges dictated on ourselves by our suppliers. As an example; if you request to change the time of your event you will be liable for any non refundable payments made to our supplier.
Note: No requests to alter or amend timings can be accepted once the balance has been paid.
3.2 Specific arrangements require a minimum group size, if your group size drops below the minimum required you will be liable to pay the final balance for this arrangement based on the minimum group size required.
3.3 All cancellations must be notified to us in writing immediately. If you cancel the whole booking before the final payment is due, your deposits will not be refunded. However, provided you notify us of your cancellation before your final balance is due; your deposit may be transferred to another mutually agreed date within 12 calendar months of the original booking date. If you cancel the whole booking after final balances have been paid by individual group members or part payments have been received, all monies are non-
Cancellation of arrangements that commence more than or less than 14 days before the event will incur the following loss to yourself.
More than 14 days = All Deposits Paid
Less than 14 days = 100% of the total cost of the arrangements.
4. CHANGES AND CANCELLATIONS BY US
4.1 Red Cactus Events reserves the right at any time to cancel or change any of the arrangements, services or prices, including accommodation, activities, restaurants, entertainment venues, tickets, transfers and to substitute alternative arrangements of comparable monetary value without compensation and accepts no liability for loss of enjoyment as a result of these changes.
4.2 Wherever possible we will always try and accommodate reduction in numbers incurring no cost to the group. However should the numbers attending be insufficient to run all or part of the event we reserve the right to charge the group for the minimum numbers required for the event.
4.3 The majority of changes made by us will be minor for example a change in venue for an activity where the new venue also hosts the same activity or a change in accommodation where the accommodation is changed to the same or a higher standard. In the rare event that we are forced to change or cancel, we will inform you as soon as possible. We will offer the group leader three options of accepting our changed arrangement, purchasing an alternative arrangement (similar price range) or cancelling the arrangement in question and receive a full refund on all monies paid in relation to that arrangement. However this will not apply in the case of weather dependent activities (surfing, rafting, skydiving, ballooning etc) where we will offer a voucher to be redeemed within the following twelve months of your date of travel.
4.4 We will always endeavour to notify you of any changes as soon as possible. However, under no circumstance are we obliged to refund any element of a weekend cancelled due to war and, threat of war, riots, terrorist activity, industrial disputes, natural disasters, fire, airport closures (delayed flights), bad weather conditions and similar events beyond our control.
5. THE CONTRACT
The contract set out in these terms and conditions will be between Red Cactus Events and with the person who requested and received a written quotation. Where a quote has been received and a different person pays the deposit, the contract will remain in the name of the person who received the written quotation. Once all group members have paid and the final balance has been cleared we will confirm your booking by sending a confirmation email at this point a binding contract between us will come into existence. By making your booking with us, you will be regarded as having had the opportunity to have viewed and understood our booking terms and conditions.
By utilising our wealth of professional experience, itineraries and itinerary timings are planned to provide the best and most hassle free experience possible according to the availability of the services. By entering this contract, the Lead Customer agrees and accepts that our itinerary recommendations and planning, including venues, timings and durations are final once a booking is confirmed, and no requests to alter or amend timings can be accepted once the balance has been paid. We are not responsible for the smooth running of your itinerary if you do not adhere to our planned timings and dates or our and our representatives instructions whether written or verbal.
7. WEBSITE AND QUOTATIONS
7.1 All website and quote descriptions are made in good faith and every care is taken to ensure their accuracy. However, errors may occasionally occur. We cannot accept any liability for any errors or omissions except where these have arisen due to our negligence. We reserve the right to make changes to and correct errors in our website and quotes at any time.
7.2 Please be aware that most daytime activities take place at outdoor activity centres, these centres are not usually located in city centres/urban areas. Arrangements advertised and sold by us as taking place in or to any particular city/town may include activities in locations that we consider to be within a reasonable distance from your accommodation and/or that city/town. As a general guide we would consider a reasonable distance to be approximately 35 miles although this may be more for some exclusive activities.
7.3 Our Websites contain links to third party websites. These links are provided as a convenience to you and not as an endorsement by us of the contents on such third party websites. We are not responsible for the content of linked third party sites and do not make any representations regarding the content or accuracy of materials on such third party websites. Accessing linked third party websites is done at your own risk.
7.4 We may use the information we obtain relating to you, including your name, mailing address and e-
7.5 We do not regard submission of an enquiry form as confirmation of booking. full confirmation of your booking will be made in writing by letter or e-
8. PARTICIPATION AND TRAVEL INSURANCE
8.1 You should take out travel insurance suitable for your arrangements independently, if you choose not too you hereby agree to indemnify against us for any claim of loss or injury as you and your group members participate entirely at your own risk. Certain activity providers may insist you sign an insurance indemnity and waiver form; therefore you participate at your own risk, and we shall not be liable for your participation. Participation in activities that are not booked as part of the itinerary or has been booked independently of the reservation will not be the responsibility of Red Cactus Events and we shall not be liable. Please also be aware that some hotels may require a security 'bond' to be placed on hold with a credit card or cash, upon check in. We will do our utmost to give you prior notice where this might happen, but on some occasions this may not be possible. We accept no liability for any damage caused by any member of your group and will provide your contact details to any supplier seeking to claim compensation as a result of the actions of your party.
8.2 You accept and agree to indemnify us and our suppliers of any claim for injury, death or failure when participation of the booked itinerary is conducted whilst under the influence of medication, drugs, alcohol or any other substance, or against advice. Participation within the booked itinerary is at the sole discretion of the service providers and you may be refused participation or entry if the service provider deems group member(s) to be under the influence of medication, drugs, alcohol or any other substance and if this occurs, the service providers’ decision is final and we accept no liability whatsoever and you agree to indemnify us of any claim. All suppliers and hotels have every right to terminate, without notice, your stay or activity under threat of vandalism, violence or any other behaviour deemed inappropriate by them. In such cases all insurances will be invalidated and you will not have any entitlement to a refund of any kind whatsoever. No refunds will be made if you or any group members choose to leave your arrangements early or choose, for whatever reason, not to participate in any of the events on your itinerary.
9. COMMUNICATION AND CORRESPONDENCE
In the first instance and based on your internet enquiry a written quotation will be emailed to you and if requested posted to your given address also. These terms and conditions will be made available to the customer at this stage. Once a booking is made with Red Cactus Events the majority of communication will be by email. We are not responsible for emails being filtered into a junk folder or the customer not receiving the email. As standard, your final package will be emailed to you. Postal copies can be requested however carry a supplemental charge. Postal packages may vary in content. In most cases a map will be included within your emailed or posted final package. Maps are a guide only and Red Cactus Events are not responsible should these be inaccurate in any way.
10. TERMS AND CONDITIONS OF SUPPLIERS
Many of the arrangements which make up your booking are provided by independent suppliers. These suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
11. COMPLAINTS PROCEDURE
If you become unsatisfied with any element of your arrangements, you should notify the supplier of the arrangements concerned immediately. If the issue is unresolved, you should contact us as soon as possible and between the parties involved we will endeavour to put matters right straight away. Failing this you should inform us in writing within 14 days after the date of your event. We will endeavour to reply to your complaints within 28 days.
You must notify us of any medical conditions of any group member that may affect their participation. At the discretion of ourselves or our representatives, suppliers or agents who determine that you or a group member(s) are not fit to participate in any part of the itinerary due to poor, inadequate or deteriorating health and fitness or excessive alcohol, drug or other substance consumption, that part of the itinerary will be cancelled and no refunds will be due.
13. GOVERNING LAW AND JURISDICTION
This contract is governed by English Law and both parties shall be subject to the jurisdiction of the English Courts.
14. GENERAL TERMS AND CONDITIONS
These terms and conditions are in place to ensure the smooth running and enjoyment of your event.
The provisions of these conditions are sever able 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. The headings in these conditions are for convenience only and do not affect the interpretation of the agreement.
For the avoidance of doubt nothing in these conditions shall confer on any third party any benefit or the right to enforce any provision of these conditions.