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
2. The Contract
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.
3. Amendments to your booking
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 firstname.lastname@example.org. This e-mail address is
or telephone either 0208 586 1475 or 07950 268754 or a fax to 0208 586
4. Your reservation
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: A £10 per week late fee will
be charged per room for every booking that exceeds its deadline Balance
date. 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.
5. Children -
The minimum age of attendance to any Event is 18.
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.
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 20 percent.
7. If you change your booking
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 £25.00 (twenty five pounds) amendment charge.
Any changes must be made in writing (email - email@example.com) to 3ness
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
8. If you cancel your booking
It may be necessary to cancel your
booking due to illness, accident or change of circumstances etc. As soon
as you know that you need to cancel, call 3ness on 0208 586 1475 or
07950 268754 and confirm the cancellation in writing/email. The
letter/email must be signed/sent 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:-
- All day/weekend passes, deposits and interim payments are non refundable or transferable once paid.
- Final balance deadline -15 days inclusive: 50% of the balance payable.
- 14 days or less: 100% of the total amount payable by you.
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.
9. Minor alterations to your booking
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
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
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.
11. If 3ness cancels your booking
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.
12. Major change or cancellation options
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:-
- 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.
Please note that you will be deemed to
have accepted any alteration where you have either acted upon the change
and/or not notified us in writing within 7 days of such notification of
your choice of b) or c) above.
13. Travel abroad
When travelling abroad, any passports,
visa, health certificates, international driving licenses 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.
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 or attend any of our weekend events..
Pets are not permitted at any Event. Assistance dogs are accepted by prior arrangement.
15. Health & Safety
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.
17. Arrival at Accommodation
Your Accommodation keys/access cards will
usually be available from 12pm (hotel) on the day of arrival subject to
subject to any changes in respect of those times by the management of
You agree to abide by the terms and conditions of the management of the Accommodation.
18. Departure of Accommodation
On your departure day, 3ness ask that you
vacate your Accommodation by the time specified in the
schedule/information for the Event 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
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.
19. TV and filming
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.
20. Limitation of liability
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.
21. Force majeure
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.
22. Your warranty
It is a condition and you warrant that throughout the term of the Event you will:
- 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.
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
The availability of some outdoor facilities and entertainment may be affected by adverse weather conditions.
23. Your indemnity
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
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.
- 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
- 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.
PART 2 – Website Conditions
1. Who operates this website:
This website is operated by 3ness Ltd.
2. Licence to use the website
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.
3. Materials in the website
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
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
4. Accuracy of information
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
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.
5. Acceptable use
You may only use this website in
accordance with terms and condition and, in any event, for lawful and
proper purposes which includes complying with all applicable laws,
regulations and codes of practice within the UK or other jurisdiction
from which you are accessing this website.
In particular, you agree that you will not:
- 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
- take any action that imposes an
unreasonable or disproportionately large load on this website or related
- obtain or attempt to obtain unauthorised access, via whatever means, to any of our networks.
Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to:
- cancel your bookings without reference; and/or
- deny you access to this website
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.
7. Limitation of liability for use of this website
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.
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
11. Changes to this website
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.
12. Complete agreement
These terms and conditions (including the
agreed with 3ness in relation to the use of the website.
13. Jurisdiction and acceptance of these terms and conditions
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.
3ness is committed to protecting your
practices and your options regarding the ways in which your personal
data is used. If you have any requests concerning your personal
information or any queries with regard to 3ness processing please
contact 3ness at firstname.lastname@example.org.This e-mail address is being protected
3ness collects the details provided by
you on booking an Event together with information 3ness learns about you
from your use of the 3ness service and your visits to the 3ness website
and other sites accessible from them. 3ness also collect information
about the transactions you undertake not-including details of payment
cards used. 3ness may collect additional information in connection with
your participation in any promotions or competitions offered by 3ness
and information you provide when giving 3ness feedback or completing
profile forms. 3ness also monitors customer traffic patterns and site
use which enables 3ness to improve the service 3ness provides.
Use of your information and your preferences
3ness will use your information to
provide and personalise its service. 3ness will also use your and party
members contact details to communicate with you. 3ness may use this
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
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
Disclosures of your information
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
operators of these sites may collect information from you which will be
'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
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 2940, Romford, Essex, RM7 1QA
enclosing your postal details and a cheque for £5 payable to 3ness