Agreement for Experiences
Last Updated: 15 April 2021
AGREEMENT FOR EXPERIENCES
1. Who we are:
The company with whom you are contracting by entering into this agreement is: Unmissable England Limited, registered company number 12247246, of 6 Main Street, Hanwell, Oxfordshire, England, UK, OX17 1HN (“Unmissable England”). We are a travel agent offering experiences (being “Experiences” offered via the Unmissable England website from time to time) to the public on behalf of the providers of such Experiences. Unmissable England acts as agent on behalf of the provider of each Experience advertised on our website. We will facilitate bookings and interrelate between you and Providers.
In this agreement “you”, “your” or “yourself” refers to the individual placing a booking. You are the Customer referred to in this agreement.
2. Nature of this agreement:
From the moment that you submit a booking on our website by clicking on the ‘submit’ button on our web pages (or if you take any other action which indicates acceptance of this agreement) this agreement is binding on you. Unmissable England may terminate this agreement or any part thereof by serving notice on you and Unmissable England will not be liable to you or any third party for such termination to any extent. All Bookings made prior to such cancellation notice will be honoured (subject to any rights of cancellation and/or variation thereof) and will continue to be subject to the terms of this agreement notwithstanding such termination.
3. What you pay:
All prices corresponding to Experiences are stated in GBP and are exclusive of VAT (as applicable) which you must pay in addition. We receive a commission from the Experience Provider for bookings submitted by you. All commissions may be retained by Unmissable England. We are authorised to collect payment corresponding to Experiences booked.
Where payment is made by credit or debit card, Unmissable England will debit cards presented for payment on a daily basis and deliver a proof of purchase to the registered card holder. Credit card fees (at the prevailing rate from time to time) apply on transactions where Unmissable England acts as the merchant.
Unless otherwise agreed in writing, all fees and charges are due at the time a Booking is submitted. If any amounts invoiced are not received by Unmissable England by the due date, then (at Unmissable England’s discretion) such monies may accrue late payment interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. If any charge due from you is 14 days or more overdue, Unmissable England may, without limiting our other rights and remedies, demand that all moneys owing become immediately due and payable and Unmissable England may suspend all Experiences until such amounts are paid in full. Unmissable England will give you at least 10 days’ prior notice that your account is overdue before suspending the Experiences. Unmissable England will not charge interest or suspend the Experiences if there exists a reasonable and good-faith dispute concerning the moneys in question provided that you are cooperating diligently to resolve such dispute.
Any invoice queries should be raised with Unmissable England in writing no less than 14-days from the invoice date. All queries will be responded to by Unmissable England within 48-hours.
Unless stated otherwise, neither the fees nor the charges for any Experience (as advertised) include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to VAT, or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively “taxes”) and you are solely responsible for paying all taxes applicable. If Unmissable England has a legal obligation to pay or collect taxes for which you are responsible, the appropriate amount shall be invoiced to and paid by you in addition to the fees and charges, unless you provide Unmissable England with a valid tax exemption certificate authorised by the appropriate taxing authority.
Prices for Experiences are subject to modification from time to time. You pay the price prevailing at the time a Booking is submitted validly via the website. Prices are displayed on Booking confirmations and a list of current prices is available at anytime by contacting Unmissable England.
Unless otherwise stated in writing on the website, all deposits are non-refundable. Once you have purchased an Experience it must be paid for. There can be no cancellation of any Experience purchased without Unmissable England’s written acceptance. (Cancellation of Bookings is dealt with below.)
Please ensure that you submit accurate information when making a Booking. Unmissable England reserves the right to charge £15 for each credit and re-invoice as a result of you selecting information during the Booking process which you later seek to change.
All Experiences are made available pursuant to and in accordance with this agreement. The Experiences are made available to you and your party (but not for the benefit of any third person and not for resale.) Unmissable England has no obligation to make any Experiences available if you are in default of this agreement or if this agreement is capable of being lawfully terminated by Unmissable England.
Experiences are made available to you in accordance with the corresponding description of each such Experience on the Website. Except as provided in this agreement Unmissable England does not make any warranties, representations, undertakings or conditions (statutory or otherwise) in relation to the Experiences and all implied warranties, representations, undertakings and conditions (statutory or otherwise) are excluded to the maximum extent permitted by Law.
Unmissable England acts as an agent for Bookings offered by Experience Providers. Your contract for each Booking is with the Experience Provider and not with Unmissable England.
You are liable to pay for the Experiences as soon as a Booking has been submitted to Unmissable England. After you submit a Booking, Unmissable England will confirm by email that the Booking has been received and is being forwarded to the Experience Provider for acceptance (or not.) If a Booking is not accepted by the Provider, we will notify you via email. We cannot accept Bookings unless you provide a valid email address.
Any Experience refunds and amendments will be undertaken in accordance with the Provider’s terms and conditions and any specific terms relating to the Experience.
This agreement applies to all Bookings made by you and/or Travellers. If you discover that a Booking is inaccurate you must contact Unmissable England immediately. You are solely liable for all costs relating to Bookings made by you and/or Travellers. By making a Booking you and/or Travellers enter into a legally binding contract with the relevant Provider. Such contract for will be subject to the Rules and Restrictions of that Provider and you and/or Travellers and/or Travellers will be bound by such Rules and Restrictions. It is your sole responsibility to ensure that you and/or Travellers and/or Travellers comply with such Rules and Restrictions including those which relate to check in times and luggage allowances. When Unmissable England places a Booking with a Provider, the terms of business of the Provider are binding on you and Travellers in addition to any relevant conditions for the specific Experience purchased. The terms of business for each Provider can be obtained by you from each such provider via the Website. Information as to how to find these terms and conditions may be requested from Unmissable England at the time of booking or confirmation by Unmissable England, but you and all Travellers are bound by both the general conditions and specific conditions relating to the Experience purchased from the Provider whether or not you have made yourselves fully aware of these conditions. It is your responsibility to read and understand such conditions.
You are solely responsible for ensuring that each travel itinerary booked through Unmissable England accurately reflects your Booking. You are responsible for the accuracy of all data supplied to Unmissable England and/or any Providers. If any data is found to be incorrect, additional charges may be levied by Unmissable England to make appropriate corrections.
It is acknowledged and agreed that the Provider’s Experiences may be subject to cancellation by the Provider without prior notice and Unmissable England excludes all financial and/or other liability arising from any such cancellation.
Bookings are received in good faith, but Unmissable England cannot be held liable for the failure of the Provider or you to honour a booking wholly or in part. Unmissable England disclaims all warranties, either expressed or implied. In no event shall Unmissable England be liable for any damages whatsoever including direct, indirect, incidental, consequential, loss of business profits or special damages, even if Unmissable England has been advised of the possibility of such damages.
Unmissable England places Bookings on your behalf with Providers. You are liable for all charges arising from the Provider in connection with and relating to the Booking.
If you intend to cancel a Booking you must retain the cancellation reference issued by Unmissable England. You must not contact the Provider direct to effect the cancellation because a reference will not be issued and you are then fully liable should the Provider levy a charge. If a dispute arises over any cancellation charge, the cancellation reference provided by Unmissable England shall be the sole proof that you made the cancellation and a refund cannot be guaranteed without production of this reference.
Travellers may request cancellation or variation to a Booking by email to email@example.com on the following conditions: (1) all requests for cancellation/variation will be dealt with by Unmissable England on behalf of the Providers concerned; (2) cancellations and changes will be undertaken in accordance with the applicable Provider Rules and Restrictions and separate cancellation/variation charges imposed by the Provider may apply. If such cancellation or variation charges are imposed by a Provider then you undertake to pay these in full (3) variation to any Booking may require cancellation of the original Booking (which may incur charges imposed by the Providers up to the full value of the Booking) and creating a new Booking for which you will be required to pay the fees and charges in addition to any prior charges payable by you.
Unmissable England reserves the right to charge an administration fee for amendments or cancellations of any Bookings whether or not additional documentation is requested by the traveller.
If any Traveller for any Booking does not participate in the Experience, Unmissable England is not obliged to pay any refund.
You understand and accept that Providers have the right to vary or cancel a Booking at any time, whether such Booking is confirmed or otherwise. Upon receiving notification from a Provider that a Booking has been varied or cancelled, Unmissable England will inform you but Unmissable England is not liable for any financial or other losses incurred by you and/or any Traveller, resulting from a Provider varying or cancelling a Booking.
Please make Bookings with care and attention. If conflicting Bookings are made, Unmissable England is not liable to offer a refund.
It is the Traveller’s sole responsibility to satisfy all relevant conditions attaching to any Experience . It is your sole responsibility to ensure that appropriate documentation is obtained to participate in an eExperience. Unmissable England excludes all financial and/or other liability arising from any failure to obtain and carry appropriate documentation.
It is the Traveller’s sole responsibility to research and satisfy all health and fitness requirements in order to participate in any Experience. Unmissable England excludes all financial and/or other liability arising from any failure to research and obtain appropriate medical vaccinations.
5. Who can use the Experiences:
Only those people notified to Unmissable England as Travellers can access the Experiences. You must not (a) make the Experiences available to anyone other than Travellers, (b) sell, resell, rent or lease the Experiences, (c) interfere with or disrupt the integrity or performance of the Experiences or third-party data contained therein, (d) attempt to gain unauthorised access to the Experiences.
6. Your obligations (in each case at your own cost):
You are fully and vicariously responsible for compliance with this agreement by all Travellers designated by you and for all Travellers and you will procure that they all abide in full by this agreement as if they were a party hereto.
You are responsible for the accuracy, quality and legality of all Data provided to Unmissable England and of the means by which you acquired Data.
You are solely liable for all charges in connection with and relating to each Booking placed including charges made by a Provider arising from the Booking.
Unmissable England acts as disclosed agent for Providers. When you make a Booking your contract will be between the Provider and you. Unmissable England is not a party to the contractual relationship created by a Booking. Separate terms and conditions will apply to your reservation and purchase of travel-related goods and Experiences that you select. You agree to abide by the rules and restrictions imposed by any Provider with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability and use of fares, products, or Experiences. Rules and Restrictions may apply to a fare, product or Experience selected by you. You understand that any violation of any such Provider’s conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any flights, hotels, or automobiles, in your forfeiting any monies paid for such reservation(s) or purchase. Further, such a violation may result in Unmissable England debiting your account for any costs Unmissable England incurs as a result of the violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Website. You acknowledge that Unmissable England may receive payment from a pProvider and Unmissable England shall be entitled to retain all Commission for its own account.
The Providers providing Experiences are independent contractors and not agents or employees of Unmissable England or its affiliates. Unmissable England and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Providers or for property damage, or other damages or expenses resulting therefrom. Unmissable England and its affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense, omissions, delays, re-routing or acts of any government or authority. In no event shall Unmissable England, its affiliates and/or their Providers be liable for any, indirect, incidental, punitive, special, or consequential damages arising out of or in any way connected with the use of the Website or with the delay or inability to use the Website, or for any information, software, products, and experiences obtained through the Website, or otherwise arising out of the use of the Website, (including, but not limited to loss of use, data, profits, savings or opportunities), whether based on contract, tort, strict liability or otherwise, even if Unmissable England, its affiliates, and/or any of their Providers have been advised of the possibility of damages. Except in relation to liability for death or personal injury for which no limit applies. Unmissable England, its affiliates and/or its respective Providers shall be liable for direct loss arising out of the use of the Website, whether based on contract, tort, strict liability or otherwise, up to a maximum of the total value of the transaction under which the claim arises for any one event or series of connected events.
You are solely liable to the Provider for: payment of all charges due to the provider not payable by Unmissable England; payment of any cancellation charges due to a Provider; and any damages or compensation due to the Provider. You authorise Unmissable England to make payments on your behalf to any Hotel or other Provider with whom a Booking has been made to cover all liabilities incurred by you, your Travellers and Travellers. You will be indemnify and reimburse to Unmissable England all amounts paid on your behalf by Unmissable England on demand.
The following limitations and exclusions of Unmissable England’s liability do not affect your mandatory legal rights and all such exclusions and limitations are to be enforced only to the extent permissible under applicable Law from time to time.
You acknowledge and accept that the information published on the Website may include inaccuracies or typographical errors and Unmissable England and its affiliates shall not be liable for any such inaccuracies to any extent. Unmissable England and its affiliates do not guarantee the accuracy of, and disclaim liability for inaccuracies relating to the information and description of the hotel, air, ferry car and other travel products displayed on this website (including, without limitation, photographs, list of hotel amenities, general product descriptions, etc.), much of which information is provided by the respective Providers.
Unmissable England, its affiliates, and/or its respective Providers exclude all warranties, terms and conditions with regard to this information, software, products and Experiences, which are not expressly provided in this agreement including without limitation all implied warranties and conditions to the extent that it is lawful to do so. Unmissable England, its affiliates and/or its respective Providers make no representations about the suitability of the information, software, products, and Experiences contained on the Website for any purpose and the inclusion or offering for sale of any products or Experiences on the Web Site does not constitute any endorsement or recommendation of such products or Experiences by Unmissable England or its affiliates.
Unmissable England is not liable to you in relation to Experiences booked with any Provider. If a Provider is unable to provide the Experience booked Unmissable England will have no further obligation other than to use its reasonable endeavours to assist you to place a Booking for an alternative Experience and to seek redress from the Provider in default. Unmissable England has no liability for any failure by any Provider to provide any part of the Experience booked or for anything else that may go wrong with the Experiences and/or the Booking.
Unmissable England excludes financial and all other liability for any damage, loss, personal injury or death suffered by any person in relation to the acts or omissions of a Provider. Unmissable England selects Providers in good faith, but Unmissable England shall not be liable in negligence or otherwise if any Provider incurs legal liability to you or to a Traveller or registered Traveller or becomes insolvent or otherwise defaults in any way.
Unmissable England shall not be liable for any losses arising out of any actions beyond its control (force majeure) such as but not limited to the delay or interruption of its performance of obligations under the agreement due to any act of God, act of governmental authority, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet Experience provider failures or delays, or denial of Experience attacks, unplanned system down time, or any other cause beyond Unmissable England’s reasonable control.
Unmissable England is not liable for any fluctuation in price, change in schedule, equipment or accommodation, imposed by a Provider, which occurs subsequently to payment for such Experience. Unmissable England excludes all liability for errors in reservations, fares, or other information provided by any automated airline or other reservation system, other than that due to negligence by Unmissable England or its staff.
Unmissable England shall not be liable for any act, error, omission, injury, loss, accident, damage, delay, non-performance, irregularity, or any consequences there from, which may be occasioned through the neglect, or default, or any other act or inaction of any Provider.
Neither of us will be liable for any loss of profit or any other indirect, special or consequential loss (including lost profits) or damages arising out or in connection with this agreement.
Notwithstanding any other provision of this agreement, a party's liability in respect of fraud shall not be limited or excluded to any extent and all provisions of this agreement shall be read and construed in this context.
Nothing in this agreement shall in anyway exclude or limit either party’s liability for (i) death or personal injury caused by its negligence; or (ii) for fraud; or (iii) for any obligations implied by Section 12 of the Sales of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; or (iv) your statutory rights.
By accepting this agreement, you agree to its terms and conditions. This agreement incorporates by reference the Unmissable England Terms of Business which can be found here. You agree to read and to ensure that you understand the Unmissable England Terms of Business.
This agreement does not create or otherwise give rise to a partnership between the parties or any of them. At all times in connection with this agreement, Unmissable England shall be an independent contractor and nothing in this agreement shall create a relationship of agency or partnership or a joint venture as between the parties and accordingly neither party shall be authorised to bind the other save as expressly permitted by the terms of this agreement.
This agreement (a) constitutes the entire agreement and understanding between the parties with respect to the subject matter of this agreement and (b) supersedes all prior written or oral agreement between them and is not affected by any other promise, representation, warranty, usage, custom or course of dealing, representations, negotiations, discussions, understanding and agreements between the parties and their agents. By entering into this agreement each party agrees that: it has not relied and is not relying on any statements, promises, warranties, or representations given or made (whether negligently or innocently and whether express or implied), or any acts or omissions by or on the part of or by or on the part of any other person not a party to this agreement in relation to the subject matter of this agreement, except those expressly set out in this agreement.
The terms of this agreement apply to the exclusion of all other terms, whether express or implied by law, and shall supersede all terms and conditions previously issued by Unmissable England. No variation or additions shall be effective unless agreed by Unmissable England in writing.
When Unmissable England places a Booking with a Provider, that Provider’s terms of business become binding on you in addition (whether or not you have obtained and read such terms of business.) It is your sole responsibility to obtain, read and understand such terms of business. Unmissable England will endeavour to assist you in obtaining any terms of business of a Provider relating to the Experience or ticket purchased. Any ticket refunds and amendments or Experience refunds and amendments may be subject to both the Provider’s terms of business and any specific terms relating to the ticket or Experience purchased.
Unmissable England frequently innovates in Booking to provide a premium experience for Travellers and accordingly you agree that the form and nature of the Experiences which Unmissable England provides may change from time to time without prior notice to you. Changes to the form and nature of the Experiences will be effective with respect to all versions of the Experiences; such as but not limited to changes to fee and payment policies, security patches, added functionality, and other enhancements.
This agreement is governed by the laws of England and Wales. You hereby consent to the exclusive jurisdiction of the English courts.
It may be necessary from time to time to modify these terms and conditions to keep abreast of future developments with the Unmissable England experience. Unmissable England reserve the right to amend these terms and publish any amendments in the form of an updated terms of business on the Website
No failure or delay by either party in exercising any right under this agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this agreement shall remain in effect.
You are prohibited from assigning its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld).
None of the terms and conditions of this agreement shall be enforceable by any person who is not a party to it.
These terms will apply to the exclusion of all others, whether express or implied by law, and shall supersede all conditions previously issued by Unmissable England. No variation or additions shall be effective unless agreed by Unmissable England and the Customer in writing.
9. Definitions and interpretation:
means a booking for each Provider’s Experiences placed by Unmissable England with a Provider on behalf of the Travellers referred to in each corresponding Booking, such as but not limited to the reservation of a Provider’s Experience or ticket for a Traveller, and where a Booking incorporates several Experiences or tickets. Fees may apply to each individual element thereof Any Booking that is accepted by Unmissable England which is made by you (whether by telephone call, email, on-line booking or other form of communication) requesting that Unmissable England proceed with a Booking for Experiences (which may be evidenced by Unmissable England publishing a voucher for the Booking) whether such Booking is made by a phone call, email, live-chat, online booking or other form of communication whether the Experiences or any of them are provided to you or to a third party on whose behalf such communication is made.
means commission collected by Unmissable England from Providers in relation to a Booking.
means the actives and experiences offered by a Provider from time to time which are capable of being purchased by or on behalf of Travellers pursuant to a Booking.
means competition law and any statute, statutory instrument, standards, law, production, Booking resolution, notice, rule of court, bye-law, directive, code of conduct or other instrument or requirement having the force of law within any national or local jurisdiction issued, declared, passed or given effect to in any manner by H.M. Parliament, the legislative making institutions of the European Union, the Scottish Parliament and the National Assembly for Wales, any court or other judicial form, any Commission of Inquiry, local authority, statutory undertaker or relevant authority or any other body or person having such power.
“Rules and Restrictions’
means the terms and conditions of each Provider in relation to the Provider’s Experiences offered by such Provider as at the date of each Booking.
means a provider of Experiences whose products are available for purchase via the Web Site from time to time.
“Terms of Business”
means a person accompanying you as notified in a Booking.
means the web pages accessible via this link www.unmissableengland.com