3ness Terms & Conditions
PART 1 – Event Conditions
We, 3ness Ltd (“3ness”), organise a range of activity holidays in the UK and abroad (the “Event”) in a variety of hotels or holiday camps, as specified per Event (the “Accommodation”).
The Event is normally booked/signed by one person who is then the Party Leader and who may book and manage bookings at the Event on behalf of other persons (the “Party Members”).
To make a booking for an Event, you must be at least 18 years of age and be able to create a legally binding contract. Your contract with us is concluded when:
- your payment of the deposit (or in the case of a late booking the full payment), has been received by us in cleared funds; and
- 3ness send you written confirmation of the booking by e-mail and/or by post.
At the point at which you are sent written/electronic confirmation of the booking from us (“Confirmation of Booking”), your reservation will be accepted and the contract between 3ness will become binding. If you receive this confirmation by e-mail first, this is when the contract is formed.
Except as otherwise set out herein the contract lasts until you and your party (if any) leave the Event.
The contract binds you and it is your responsibility as the Party Leader to ensure that all Party Members, read, understand and comply with the terms of this contract. Failure to disclose all relevant information and/or comply with these terms may lead to termination of the contract and loss of the booking and any fees paid, without liability to us.
Otherwise than as set out herein nothing on our website, in the 3ness brochures or any promotional material is intended to be nor should be construed as an offer to enter into a contractual relationship.
If when you receive your Confirmation of Booking your details are incorrect, or you need to make an amendment, please promptly send an e-mail to info@3ness.comThis e-mail address is being protected from spam bots, you need JavaScript enabled to view it or telephone either 0208 598 1841 or 07950 268754 or a fax to 0208 598 1841.
With the Confirmation of Booking will be other relevant information. Payment of the full balance owing for the Event (including the Party leader and all Party Members) must be made 28 days before the start of the Event or by a given date communicated to you by 3ness, otherwise the booking will be regarded as cancelled and any previous payments made will be lost and no refunds whatsoever.
Please note: Balance reminders will not be sent. For any Event booked within less than 28 days prior to the start date of the Event full payment is required.Only Party Members names (including that of the Party leader) that are listed on the Confirmation of booking (or as subsequently amended in accordance with Clause 7 below) may attend the Event and/or occupy the Accommodation. If any other person(s) are found in occupation, 3ness will terminate the contract forthwith without liability and then any Party Members, any unauthorised guests and yourself will be asked to leave the Event immediately and depart from the Accommodation and Event without any refund whatsoever.
Children aged 16 years and under may not be left alone at any time without full adult supervision.
3ness will not accept bookings for parties where there are more than six children (under 16 years) per adult. At least one adult must occupy each unit of the Accommodation.
For the avoidance of doubt, 3ness reserve the right to correct any prices incorrectly shown on the website and/or in any promotional material e.g. brochures, leaflets etc. Any such prices which are advertised in error may be amended and where the amended prices affect your booking, 3ness will notify you of the amendment and you reserve the right to cancel if you do so in writing within 7 days of such notification from 3ness.
Please note that all prices shown are inclusive of VAT at the rate of 17.5.If you wish to add additional Party Members to your booking, you will not be charged an amendment fee. Any other changes may incur a £20.00 (twenty pounds) amendment charge. Any changes must be made in writing to 3ness at least 28 days before the start of the Event by the Party Leader.
You are solely responsible for any costs, charges and expenses resulting from any amendments or alterations made to the booking details. 3ness regret that no credit or refund (whether in whole or part) is possible for any unused services provided in the cost of the Event. If you decide to amend, alter or cancel.
Where changes are sought to be made within less than 28 days of the start of the Event it will be treated as a cancellation and subject to cancellation charges as outlined in the next clause.
It may be necessary to cancel your holiday due to illness, accident or change of circumstances etc. As soon as you know that you need to cancel, call 3ness on 0208 598 1841 or 07950 268754 and confirm the cancellation in writing. The letter must be signed by the Party Leader. Otherwise than as set out herein cancellation charges are calculated as follows from the date that your written instructions are received by 3ness:-
- Amount of notice given by you to cancel
- 56 days or more: Full Deposit
- 55-43 days inclusive: 30% of the total amount payable by you
- 42-29 days inclusive: 50% of the total amount payable by you
- 28-8 days inclusive: 90% of the total amount payable by you
- 7 days or less: 100% of the total amount payable by you
- you may accept the alternative arrangements as notified to you;
- you may choose another Event from 3ness (subject to availability), up to the value of the same advertised price of your altered/cancelled Event, otherwise any deficit between the cost of the two Events will become due by you;
- you may elect to receive a full refund of any money received by 3ness in cleared funds.
- show consideration to other guests and the 3ness team members at all times; and
- at all times treat the Event facilities/Accommodation with all due care and respect; and
- not conduct in any offensive or illegal behaviour; and
- not be involved in creating excessive noise; and
- not cause a nuisance.
- Disputes: In the event of any dispute in respect of the Accommodation please ensure that you bring this to the attention of the management of the Accommodation prior to your departure and also promptly inform 3ness in writing. In the event of any dispute in respect of the Event itself, please immediately notify 3ness in writing.
- Waiver: No delay or omission by 3ness in exercising any right or remedy under this contract shall operate to impair such right or remedy or be construed as a waiver thereof.
- Assignment: You may not assign any of your rights and/or obligations herein in whole or in part without the prior written consent of 3ness.
- Notices: All notices to be in writing, hand delivered or sent by pre-paid first class letter post or facsimile transmission to the address set out herein for 3ness or any such other address or facsimile number as notified to you in writing. Any notice shall be deemed served if hand delivered at time of delivery; if posted 3 (three) days thereafter if in the UK; and if sent by facsimile transmission, when sender’s facsimile system generates a message confirming successful transmission of total number of pages of the notice during normal UK business hours.
- Entire Agreement: This contract contains the whole agreement between the parties and supersedes all prior agreements, arrangements and understandings. Only 3ness is entitled to make amendments to this contract. 3ness reserve the right to alter any of contract and you are advised to regularly check this website for the most up to date terms and conditions.
- Severability: Any provision hereof found illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition and shall be replaced by an enforceable provision to the same or the nearest possible equivalent effect.
- Third Party Rights: Only the parties and their successors and permitted assignees shall have a right to enforce any provision of this contract and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
- Governing Law: This contract will be governed by and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Courts.
- post transmit or disseminate any information on or via the website which is or may be harmful, obscene, defamatory or otherwise illegal;
- use this website in a manner which causes or may cause an infringement of the rights of any other;
- make any unauthorised, false or fraudulent booking;
- use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
- deface, alter or interfere with the front end ‘look and feel’ of this website or the underlying software code;
- take any action that imposes an unreasonable or disproportionately large load on this website or related infrastructure;
- obtain or attempt to obtain unauthorised access, via whatever means, to any of our networks.
- cancel your bookings without reference; and/or
- deny you access to this website
Cancellation charges
If 3ness incurs additional charges other than those set out above for any cancellation then such sum shall need to be met solely by yourself.
Alterations such as withdrawal of certain amenities, facilities, activities, and entertainment may be made by us and/or the management of the Accommodation without any obligation or liability.
3ness will use all reasonable endeavours to provide the booking as described including but not limited to all facilities and entertainment as advertised. However, on occasion it may be necessary to make some major alterations to the booking. If such a change is necessary, 3ness will endeavour to advise you in writing as soon as possible and give you the options set out at clause 12 below.
3ness will use all reasonable endeavours not to cancel your booking, but in exceptional circumstances, this may be necessary. Reasons for this may include (but are not limited to) the minimum number of bookings required not being achieved, or is, in the sole opinion of 3ness, unlikely to be achieved. 3ness will inform you of any such cancellation as soon as possible and give you the options set out below at clause 12.
Otherwise than when subject to a force majeure event (as described below), 3ness will give you the following options in the event that 3ness notify you that your booking is materially altered or cancelled:-
When travelling abroad, any passports, visa, health certificates, international driving licences and other travel documents required for the Event must be obtained by you (or the Party Members as applicable) and it is your responsibility to ensure that these are all in order and meet any additional costs incurred (whether by yourself, a Party Member or us on your or a Party Member’s behalf) as a result of a failure to comply with such requirements.
3ness use the schedule of the services of the world’s major international airlines. These can be subject to delays. In the unlikely event that this does happen, arrangements for meals, overnight accommodation, etc should be met by your airline. Conditions of carriage are available on request.
When travelling abroad it is your responsibility to remember applicable airport taxes.
We recommend that you buy adequate travel insurance when you go on holiday.
Pets are not permitted at any Event. Assistance dogs are accepted by prior arrangement.
For the safety and well being of yourself, any Party Members and/or other Accommodation guests, not all facilities may be available to everyone at the Accommodation and/or certain restrictions or conditions may apply. You warrant that throughout the term of the Event you will observe and comply with all health and safety regulations whether stipulated by 3ness or the management of the Accommodation.
Proof of Age - This may be asked for when entering into certain parts of the Accommodation or buying alcohol at the Event. Accepted forms of ID may be a photographic drivers licence or passport.
You and/or your Party Members are responsible to arrive at the stated departure destination (if any) in good time and any loss and/or damage which you suffer through a failure to do so lies solely with yourselves.
You agree to abide by the terms and conditions of the booking agent, airline and the management of any of the excursion management team.
Your Accommodation keys/access cards will usually be available from 3pm (holiday camp) or 12pm (hotel) on the day of arrival subject to subject to any changes in respect of those times by the management of the Accommodation.
You agree to abide by the terms and conditions of the management of the Accommodation.
On your departure day, 3ness ask that you vacate your Accommodation by 10am and return your keys/access cards to the reception desk or as otherwise requested. You are welcome to use the other Event facilities until 5pm on your departure day subject to any restrictions by management of the Accommodation. Please check your Accommodation carefully prior to departure as 3ness do not accept liability for items left behind upon your departure of the Accommodation. Your Accommodation may be inspected at the end of the Event or your departure. You will be held responsible for any damage and/or loss caused during your stay and that resulting from the acts and/or omissions of any Party Members. Damage to the Accommodation and/or its contents may also result in the termination of the holiday with no compensation to you or any of your Party Members.
Please be aware that photography/filming may be in progress during the Event, and please ensure that you are aware of the positioning of cameras/videos at all times. 3ness will not accept responsibility, unless contrary to your express wishes, you appear in promotional films or in photographs or videos.
3ness’s total liability whether to the Party Leader and/or any Party Member in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of this contract shall be limited to the cleared funds received by 3ness at the time of the occurrence and in particular without prejudice to the generality of the foregoing and to the fullest extent permitted by law 3ness shall have no liability by reason of any implied warranty, condition or other term or duty under statute or at common law.
3ness shall not be liable to you or any member of your party for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this contract even if made known of the circumstances at the start of the contract.
Nothing in this clause excludes or limits the liability of 3ness for death or personal injury caused by 3ness's negligence or fraudulent misrepresentation.
3ness shall not be liable for any breach of the contract to the extent that such breach is caused by a force majeure event as described below.
The provisions of this clause 20 shall survive the termination of this contract.
3ness shall not be liable for a breach of this contract in the event that 3ness is unable to carry out its obligations hereunder owing to circumstances beyond its reasonable control arising from or as a consequence of (including but not limited to) an Act of God, fire, disaster, natural catastrophe, war, act of terrorism, civil disturbance, industrial dispute, order of a government department, or competent authority breakdown or interruption of power supplied or other public services or transport, any loss of services by third parties or from the acts and/or omissions of the management of the Accommodation or their employees or agents.
It is a condition and you warrant that throughout the term of the Event you will:
On departure, please leave the Accommodation in a clean and tidy condition.
If you and/or any of your Party Members fail to comply with any of the above rules (whether in whole or part), your contract may be terminated without liability and you and your Party Members may be asked to leave the Event immediately (refunds will not be given under any circumstances).
Contracts will also be terminated if 3ness has a reasonable suspicion that any person(s) has committed, or intends to commit an offence.
3ness also reserves the right to enter any unit of the Accommodation at any time and for any reason to ensure the safety and wellbeing of other guests of the Accommodation, a Party Member or yourself. 3ness reserves the right to require any such person(s) to be interviewed by 3ness, to enable 3ness to investigate into instances of loss, damage or nuisance to 3ness property, the Accommodation or that of any person(s). Any person who refuses to comply without a reasonable excuse will be treated as having immediately terminated their contract. They and/or their Party Members may be asked to leave immediately without any refunds.
Guests are advised not to bring privately owned electrical appliances to any Event. However, if you or any Party Member ignore this notice and do so, they use the equipment at their own risk.
The availability of some outdoor facilities and entertainment may be affected by adverse weather conditions.
Without prejudice to any other rights or remedies available to 3ness, and notwithstanding any other provision in this contract, you irrevocably and unconditionally agree to indemnify 3ness in full and on demand and keep 3ness so indemnified from and against all claims, actions, damages, proceedings, demands, losses, liabilities, costs and expenses (including without limitation legal expenses and other professional advisers’ fees) which are made or brought against or suffered or incurred by 3ness, directly or indirectly and whether or not foreseeable at the date of the contract, arising wholly or in part as a result of or in relation to your acts and/or omissions and/or those of any Party Member or any of your unauthorised guests.
3ness are only able to take action on any complaints which are first brought to the attention of 3ness whilst at the Event and later received in writing within 28 days after the end of the Event, unless there are exceptional circumstances.
PART 2 – Website Conditions
1. Who operates this website:
This website is operated by 3ness Ltd.
3ness grants you a non-exclusive licence to use this website upon the following terms and conditions. 3ness may terminate this licence at any time without notice or liability.
This website contains material which is owned by or licensed to 3ness. This material includes, but is not limited to, the design, layout, look, appearance and graphics. It is protected by intellectual property laws including, but not limited to, copyright, trade marks database rights and other intellectual property rights in the materials.
You may view, use, download and store the material on this website for personal and research use only. Commercial use is not permitted. The re-distribution, re-publication, or otherwise making available of the material on this website to third parties is strictly prohibited.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
The information on this website is given in good faith and for general information and interest only. It is subject to change without prior notice. 3ness are not responsible for any inaccuracies and (except as set out under clause 7 below for use of this website') make no representation and give no warranty as to its accuracy.
The information on this website should not be relied on and does not constitute any form of advice or recommendation. By using this website you confirm that you have not relied on any such information. Any arrangements made between you and any third party named or referred to on the website are entirely at your sole risk and responsibility.
In particular, you agree that you will not:
Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to:
where 3ness believes (in its absolute discretion) that you are in breach of any of these terms and conditions.
This website contains links to other websites. 3ness accepts no responsibility or liability for the content of other websites which are not under its strict control. Any link is not intended to be, nor should be construed as, an endorsement of any kind by 3ness of that other website.
You may not create a link to this website from another website or document without the prior written consent of 3ness.
3ness do not guarantee that use of this website will be compatible with all hardware and software which may be used by visitors to the website.
Except as set out below under "Exceptions", 3ness will be under no liability to you whatsoever whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with the use of this website or the use, accessing, downloading or relying on any information or other materials contained in this website, including, without limitation, as a result of any computer virus.
These terms and conditions do not exclude liability (if any) to you for personal injury or death resulting from our negligence, for fraud or for any matter which it would be illegal for 3ness to exclude or to attempt to exclude its liability.
The 3ness Privacy Policy can be seen below at the bottom of this page. This privacy policy forms part of these terms and conditions.
You agree to indemnify, defend and hold us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your breach of these terms and conditions.
3ness may make improvements or changes to the information, services, products and other materials on this website, or terminate this website at any time without notice, 3ness may also modify these terms and conditions at any times, and such modification shall be effective immediately upon posting of the modified terms and conditions on this website. Accordingly, your continued access or use of this website is deemed to be your acceptance of the modified terms and conditions.
These terms and conditions (including the Privacy Policy referred to above) contain all the terms which you have agreed with 3ness in relation to the use of the website.
This website is controlled and operated by 3ness. The formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions or of any term of these terms and conditions or any dispute in relation to the materials contained on this website shall be governed by English law. The English courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website.
3ness is a company registered in England and any of its advertising or invitations to make enquiries for bookings or to book on-line are aimed at and available to its UK customers only. If you are resident outside the UK and you wish to make a booking at one of the 3ness Events, please write to 3ness at the address below.
Your continued use of this website indicates your acceptance of these terms and conditions.
Privacy Policy
3ness is committed to protecting your privacy. This Privacy Policy explains the 3ness data processing practices and your options regarding the ways in which your personal data is used. If you have any requests concerning your persona information or any queries with regard to 3ness processing please contact 3ness at info@3ness.com.This e-mail address is being protected from spam bots, you need JavaScript enabled to view it.
3ness will use your information to provide and personalise its service. 3ness will also use your contact details to communicate with you. 3ness may use your information to send you offers and news about 3ness products and services or those of other carefully selected companies which we think may be of interest to you. 3ness may contact you by post, email, telephone, mobile or fax for these purposes.
3ness likes to hear your views to help it improve its services to you. From time to time, 3ness may contact you by post, email, telephone/ mobile or fax to ask your opinions. Again, if you do not want to be contacted for this purpose, please email 3ness at info@3ness.com.This e-mail address is being protected from spam bots, you need JavaScript enabled to view it.
Please note that there may be instances where it may be necessary for 3ness to communicate with you, in any event, for administrative or operational reasons relating to our service.
Your information may be passed to and used by our associated companies who 3ness works with solely for the purpose for which the information was first submitted and where such third parties are handling the bookings. 3ness will never pass your personal data to anyone else, except for any successors in title to its business and suppliers that process data on its behalf both in the UK and abroad. 3ness may also use and disclose information in aggregate (so that no individual customers are identified) for marketing and strategic development purposes.
Our website may contain links to other websites which are outside our control and are not covered by this Privacy Policy. If you access other sites using the links provided, the operators of these sites may collect information from you which will be used by them in accordance with their privacy policy, which may differ from ours.
"Cookies" are small pieces of information sent by a web server to a web browser, which enables the server to collect information from the browser. You can find out more about the way cookies work on http://www.cookiecentral.com. 3ness uses cookies for a number of purposes, for instance to enable 3ness to simplify the logging on process for registered users, to help ensure the security and authenticity of registered users, to provide the mechanisms for online booking/shopping and to enable traffic monitoring.
Non-registered visitors of the site are sent anonymous cookies to keep track of their browsing patterns and build up a demographic profile. In addition, any visitor who has clicked on a 3ness.com advertisement on another site that links to 3ness.com may be sent a semi-persistent (e.g. two weeks lifetime) anonymous cookie that will allow 3ness to analyse advertising effectiveness and manage the relationship 3ness has with affiliate sites.
Whilst you do not need to allow your browser to accept cookies in order to browse much of our website or to access many of our services, you must have cookies enabled if you wish to book/shop online.
Most browsers allow you to turn off the cookie function. If you want to know how to do this please look at the help menu on your browser. As described above this will restrict the online 3ness services you can use.
You have a right to access the personal data that is held about you. To obtain a copy of the personal information 3ness holds about you, please write to 3ness at the following address: 3ness Ltd, PO Box 801, Rainham, Essex, RM13 9WX enclosing your postal details and a cheque for £10 payable to 3ness Limited.
Your Orders
My3ness Account
