Corporate & Team Building Terms & Conditions

Funktion Leisure Limited ("FLL"), trading as Funktion Events, provides corporate events, team building and group activities. These are our standard booking terms and conditions for corporate and team building bookings. They are here to protect both of us, so please read them and ask us if anything is unclear.

These terms are written on the basis that you are booking as a business (a company, firm, partnership or other organisation), and they apply to the exclusion of any terms you seek to impose. Where you are booking as a consumer rather than for business purposes, nothing in these terms affects your statutory rights.

Definitions

• "we", "us" and "our" are references to Funktion Leisure Limited ("FLL").
• "you", "your" or "the Client" means the business named on the booking that contracts with us for the Event.
• "Participants" means the individuals (employees, associates or guests of the Client) who take part in the Event.
• "Arrangements" or "Event" means the activities, team building, entertainment, transport, accommodation, catering, staff, event management and other services booked with us for you.
• "Lead Organiser" means the person the Client authorises to make and manage the booking and to be our point of contact.
• "booking agreement" means the agreement we send you setting out the agreed Event, price and payment terms, which forms the contract once you sign and return it (or otherwise accept it in writing) and we acknowledge it.
• "My Events" or "Client Area" means the online area where we set up and record your booking and which links to these terms and conditions.
• "Charges" means the price payable for the Event, plus any additional charges agreed (for example extra participants, travel, accommodation or catering).
• "Packages" means where accommodation is booked together with an activity or other service.
• "Force Majeure" means any event or circumstance beyond our reasonable control or that of the supplier of the service(s) in question, the consequences of which could not have been avoided even with all due care. Such events include, without limitation, war or threat of war, riot, civil strife, terrorist activity, industrial dispute, epidemic, pandemic, disease outbreak or serious illness at a destination, public health emergency and any measures taken by a government or public authority in response (including travel restrictions, border, airport or port closures, quarantine or self-isolation requirements, sanctions and the withdrawal of services), natural or nuclear disaster, fire, flood, adverse weather, volcanic activity (including ash clouds), explosion, technical or mechanical problems with transport, and all similar events outside our or the supplier's control.
• "in writing" means by email or letter.

1. Our contract with you

1.1 You can enquire with us by phone, email or through our website and we will provide a quotation. A quotation is for information only, is not an offer, and is valid for 28 days unless we withdraw or change it.

1.2 To confirm your booking, we will send you a booking agreement setting out the agreed Event, price and payment terms. The contract comes into existence when you sign and return the booking agreement (or otherwise confirm in writing that you accept these terms) and we acknowledge it, and it relates only to the services confirmed. We will then set your booking up in your My Events area.

1.3 These terms and the booking agreement are the entire agreement between us. They apply to the exclusion of any terms you seek to impose or incorporate, or which are implied by trade, custom or practice. You confirm you have not relied on any statement or representation not set out in the contract.

1.4 Please check your booking agreement carefully. You are responsible for ensuring the details of your booking and any information you give us are complete and accurate. Tell us immediately if anything is wrong.

1.5 Your My Events area. Once your booking is confirmed, it is set up in your My Events area, which records the agreed details and any payment dates and links to these terms and conditions. These terms apply to your booking however it is made or managed.

2. Charges and payment

2.1 All Charges are in £ sterling and are exclusive of VAT, which you must pay at the applicable rate.

2.2 Unless we agree otherwise in writing, our deposit and payment terms are:

The balance in each case is due at least 42 days before the Event, or by the date set out in your booking agreement or My Events area. Any deposit or payment made is non-refundable except as set out in these terms.

2.3 Where we invoice you, payment is due in full and cleared funds by the date stated on the invoice. We may charge interest on any overdue amount at 3% per month until it is paid in full, unless we agree otherwise in writing.

2.4 All amounts are payable without set-off, counterclaim, deduction or withholding, except as required by law.

2.5 We will not be obliged to provide the Event, and will have no liability for not doing so, if you have not paid in full by the due date.

2.6 Payments can be made by credit or debit card, bank transfer or cash. There is no charge for card, bank transfer or cash payment.

2.7 We reserve the right to adjust the Charges before the contract is concluded, and after confirmation where a supplier increases its prices or a cost arises beyond our reasonable control; we will tell you before any such change takes effect.

3. Pricing policy

Prices quoted are correct to the best of our knowledge at the time. Prices may change before you book, and we will tell you of any change or error before you book. Once the Event is confirmed, the price will not change except as set out in clause 2.7.

4. Your obligations

4.1 You must:

• cooperate with us and our suppliers in all matters relating to the Event, including any risk assessments;
• give us and our suppliers any information and access to premises we reasonably need to deliver the Event, and ensure that information is complete and accurate;
• obtain and maintain any licences, permissions and consents needed for the Event to take place at your premises or chosen venue;
• comply with all applicable laws, including health and safety laws;
• appoint a Lead Organiser with authority to act for you on all matters relating to the booking;
• ensure that all Participants disclose any relevant medical conditions in advance, sign any disclaimer our suppliers require before taking part, and follow the instructions of our staff and suppliers; and
• ensure you and your Participants have appropriate insurance for the Event (see clause 6).

4.2 If your failure to meet an obligation in clause 4.1 prevents or delays the Event ("your default"), we may suspend performance, we will not be responsible for any resulting costs or losses you suffer, and you must reimburse us for any costs or losses we incur.

5. Changes and cancellations by us

5.1 Occasionally we may need to make changes to your Event, and we reserve the right to do so. Most changes are minor, for example a change to timings, a change of facilitator, a change to a venue or vehicle where the Event itself is unchanged, or substituting a comparable activity where a supplier or equipment issue makes this necessary. We will tell you about a minor change as soon as we reasonably can, but will not be liable to pay compensation for it.

5.2 Occasionally we may need to make a significant change, or to cancel. A significant change is one that materially alters a main characteristic of your Event. If we have to make a significant change or cancel, we will tell you as soon as possible and, if there is time, offer you the choice of accepting the change, accepting a comparable alternative where we can offer one, or cancelling, in which case we will refund all monies you have paid to us for the cancelled Event, less any charges we have reasonably and actually incurred up to that point.

5.3 We will not pay compensation, and the above options will not apply, where the change is minor, where we cancel because of your default or non-payment, or where the change or cancellation is caused by Force Majeure.

6. Insurance

6.1 It is a condition of your booking that you have appropriate insurance in place for the Event and your Participants, including, where relevant, cover for cancellation and for injury, illness or loss or damage to person or property in connection with the Event. For any Event or part of an Event that takes place overseas, you must ensure you and your Participants have adequate travel insurance. You are responsible for ensuring the cover is suitable, and your Participants take part subject to the risks of the activities and remain your responsibility whether or not insured.

6.2 We hold public liability insurance of £2,500,000 and professional indemnity insurance of £1,000,000. Enhanced cover can sometimes be arranged on prior request; additional terms and charges may apply. We require our suppliers to hold their own liability insurance.

7. ABTA and financial protection

7.1 We are a Member of ABTA (membership number Y6501) and maintain a high standard of service under ABTA's Code of Conduct. We can offer you ABTA's scheme for the resolution of disputes, which is approved by the Chartered Trading Standards Institute; if we cannot resolve your complaint, go to www.abta.com.

7.2 ABTA financial protection applies to bookings that are packages (where accommodation is combined with an activity or other service). Activity-only and day-event bookings are not packages and are not financially protected, although we remain responsible for them as principal in accordance with clause 12.

8. Cancellations and changes by you

8.1 If you wish to change your booking we will try to help but cannot guarantee changes can be made. Where a change can be made we may charge an amendment fee, and you will pay any extra costs we or our suppliers incur. Where the number of Participants increases the price will be reworked and you will pay the increased price.

8.2 If you wish to cancel all or part of your booking you must tell us immediately by telephone, followed by confirmation in writing. (Reductions in Participant numbers are dealt with in clause 8.3.) On cancellation you must pay all cancellation charges levied by venues, subcontractors or suppliers, and the following cancellation charges apply:

8.3 The Charges are based on the number of Participants set out in your signed booking agreement. If the number of Participants reduces after the booking agreement is signed, the Charges do not reduce and the full Charges remain payable. Where the number of Participants increases, the price will be reworked and the increase is payable (see clause 8.1).

8.4 The above scale excludes insurance premiums and amendment charges. If your insurance covers the reason for cancellation you may be able to claim your cancellation charges from your insurer, less any excess.

8.5 Postponement. If you ask to change the date or time of the Event after the booking agreement is signed, we will try to accommodate you but cannot guarantee it. Where we can postpone, you will be liable for any facilitator fees and other costs we have already incurred, and for any charges imposed by our suppliers as a result of the change.

9. Your behaviour and our authority on the day

9.1 You accept responsibility for the proper conduct of your Participants during the Event. The safety of our staff, suppliers and Participants comes first. Our staff and suppliers have absolute discretion to refuse or stop provision of any activity, or a Participant's participation, where in their reasonable opinion it would be unsafe or unlawful, or where a Participant is behaving dangerously or inapprop­ri­ately, is unsuitably dressed for the activity, has an undisclosed medical condition that poses an unreasonable risk, or is under the influence of drink or drugs. In these cases we will not be liable for any refund, compensation or costs.

9.2 You are responsible for any damage or loss caused by you or your Participants to any venue, vehicle, equipment or property, up to the amount of any applicable supplier or insurer excess. Payment must be made as soon as possible to the supplier concerned, or to us to pass on. You will also be responsible for any claims and costs (including reasonable legal costs) arising from your or your Participants' actions. We recommend your insurance covers your liability for such damage, although you remain responsible whether or not you are insured.

10. Health and suitability

Some Events require a good level of fitness and are not suitable for everyone. It is your responsibility to ensure Participants are able to take part safely and to tell us before booking of any medical condition, allergy, pregnancy or disability that may affect participation, so that we can check suitability with the relevant supplier. Where we consider, after consulting the supplier where appropriate, that an Event is not suitable for a Participant, we may decline or cancel that participation. Some Events are inherently dangerous and by booking them you and your Participants accept the inherent risks.

11. Special requests

If you have any special request you must advise us in writing at the time of booking. We will pass reasonable requests to the relevant supplier but cannot guarantee they will be met unless the supplier has specifically confirmed this in writing.

12. Our liability

12.1 Our role. We act as a principal, not as a booking agent. We contract directly with you to provide the Event and we book the activities, venues and other services with our suppliers. Where the Event combines accommodation with an activity or other service, it is a package and we act as the organiser of that package (see clause 7).

12.2 Our responsibility. We will provide the Event with reasonable skill and care, and for packages we accept responsibility as organiser for the proper performance of the services making up the package. If we fail to do so, and it is our fault or that of our suppliers, we will put it right or, where that is not possible, pay reasonable compensation, subject to the limits and exclusions below.

12.3 Nothing in these terms limits or excludes our liability for death or personal injury caused by our negligence or that of our employees, for fraud, or for anything else that cannot lawfully be limited or excluded.

12.4 Subject to clause 12.3, we will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for: loss of profits, sales, business, contracts or anticipated savings; loss of or damage to goodwill; loss or corruption of data; or any indirect or consequential loss.

12.5 Subject to clause 12.3, our total liability to you arising out of or in connection with the contract will not exceed the total Charges paid by you under it.

12.6 We will not be responsible for injury, illness, loss or damage resulting from: the acts or omissions of you or any Participant; the acts or omissions of an unconnected third party that were unforeseeable or unavoidable; or Force Majeure. We have no control over any venue and accept no liability for the acts or omissions of those operating a venue.

12.7 We are not responsible for services that do not form part of the Event, for example anything you arrange or buy independently.

12.8 Unless you notify us in writing of a claim within six months of the date you became, or ought reasonably to have become, aware of the event giving rise to it, we will have no liability for that claim. This clause survives termination.

13. Your indemnity

You will indemnify us against all liabilities, costs, expenses, damages and losses (including reasonable legal costs) we suffer or incur arising from: any breach by you of the contract; any claim made against us by a Participant in connection with the Event; and any damage caused by you or any Participant to a venue, our property or a supplier's property.

14. Confidentiality

Each of us will keep confidential any confidential information about the other's business, and will not use it except to perform the contract or disclose it except to those who need it to perform the contract (who we will each ensure keep it confidential) or as required by law. This clause continues for five years after the Event.

15. Intellectual property

All intellectual property rights in or arising from the Event, our activity formats and our materials (other than materials you provide to us) belong to us or our licensors. Where you provide materials to us (for example your branding) you grant us a non-exclusive, royalty-free licence to use them for the purpose of delivering the Event. Where we own the rights, we grant you a non-exclusive licence to make reasonable use of any photographs or recordings we provide to you from the Event.

16. Photography and filming

From time to time we photograph or film events for marketing and reporting purposes. By booking, you consent, and will obtain your Participants' consent, to us doing so and using the material, unless you tell us in writing before the Event that a Participant does not wish to be photographed or filmed. Please make your Participants aware of our privacy policy.

17. Complaints

17.1 If something is wrong during the Event, please tell the relevant supplier and our event staff straight away, so they have the chance to put it right there and then. If it cannot be resolved on the day, contact us at the time on 0161 341 0052 so we can help. If you do not give us and the supplier the chance to put things right while the Event is running, it may affect your rights and will be treated as a failure to mitigate your losses.

17.2 If the matter is still unresolved afterwards, the Lead Organiser must write to us within 7 days of the Event, giving the booking reference and full details with any supporting evidence, so we can investigate. You may write to us by email at info@funktionevents.co.uk or by post at Funktion Leisure Limited, 10 St John Street, Chester, Cheshire, CH1 1DA.

17.3 Where you have raised a complaint or claim that we are investigating, you agree not to initiate a chargeback or payment dispute with your card provider until our investigation is complete. If you receive a refund or settlement from both your card provider or insurer and from us for the same matter, you agree to repay the duplicate amount within 7 days.

18. Weather

Many of our activities go ahead in most conditions, including rain, and are safe to take part in even when the weather is not ideal, so poor weather does not automatically mean an Event will be cancelled. We recommend Participants bring suitable clothing and footwear. Where an activity is running and Participants choose not to take part because of the weather, this is treated as a cancellation by you and no refund is due. Whether an activity can safely go ahead is the supplier's decision; where genuinely severe weather means a weather-dependent activity cannot go ahead, we will try to help you find an alternative or a new date, which may be at additional cost.

19. Force majeure, epidemics and pandemics

19.1 We will not be in breach of contract, or liable to you, for any delay or failure to perform, or for cancelling or disrupting the Event, caused by Force Majeure. Where Force Majeure affects the Event we will make reasonable efforts to rearrange it for a suitable alternative date, which will be your sole remedy; if you choose to cancel instead, we will refund what you have paid, less charges we have reasonably and actually incurred up to that point.

19.2 You acknowledge that Participants may be exposed to an epidemic, pandemic or other contagious disease, and that related guidance may change. Reasonable changes we or our suppliers make to comply do not amount to a significant change or a failure to provide the Event. Where legislation enacted because of a pandemic prevents the Event from running, we will move it to a mutually convenient date within 12 months of the relevant restrictions lifting, at no additional charge.

20. Termination

Without limiting our other rights, we may suspend the Event or terminate the contract with immediate effect by written notice if you commit a material breach that you fail to remedy within 5 working days of being asked, if you fail to pay any amount when due, or if you become insolvent, enter any arrangement with creditors, or cease or threaten to cease trading. Termination does not affect rights and remedies that have already accrued.

21. Passports, visas and travel documents

Most of our Events take place in the UK. Where an Event or any part of it takes place overseas, it is your and your Participants' responsibility to hold valid passports, visas and any other travel or health documents required, and to check current requirements with the relevant Embassy or Consulate and the Foreign, Commonwealth and Development Office. For EU travel, a valid GHIC (Global Health Insurance Card) is recommended. We accept no liability if you or a Participant cannot travel or take part because the correct documentation was not held, and you will reimburse us for any fine or cost imposed on us as a result.

22. Email communications and data

We will send you service messages needed to manage your booking. We will send you marketing (such as offers and new event ideas) where you have agreed to receive it or where we are otherwise permitted to, and you can opt out at any time using the unsubscribe link or by contacting us. How we collect, use and store personal data is set out in our privacy policy, and the cookies we use are explained in our cookie policy.

23. General

23.1 Notices. Any formal notice under the contract must be in writing and given by email or by pre-paid post to the addresses in clause 17.2. A notice is deemed received: if by email, at 9am the next working day after sending; if by post, at 9am the second working day after posting.

23.2 Assignment and subcontracting. We may assign, transfer or subcontract our rights and obligations under the contract. You may only assign or transfer yours with our written consent.

23.3 Anti-bribery. We comply with all applicable anti-bribery and anti-corruption laws, including the Bribery Act 2010.

23.4 Variation. No variation of the contract is effective unless in writing and signed by or on behalf of both parties.

23.5 Waiver. A failure or delay in enforcing a right is not a waiver of it.

23.6 Severance. If any provision is found unenforceable, the rest continue in full force, and that provision applies with the minimum modification needed to make it enforceable.

23.7 Third party rights. A person who is not a party to the contract (including a Participant) has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce it.

23.8 Governing law and jurisdiction. The contract and any dispute arising from it, whether contractual or non-contractual, are governed by English law and subject to the jurisdiction of the English courts.