All participants must be aware of the terms and accept the risks associated with the activities. Personal Accident and Cancellation Insurance is highly recommended.
1) Interpretation and Definitions
The business: Generation.e
In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
“A booking” A booking made by the client by paying a deposit or the full price ticket
“Contract” The contract between the Client and Generation.e under which the Services are to be provided by Generation.e to the Client
“Client” A person or company who makes a Booking with Generation.e
“Fee” Any act, event, omission or accident beyond Generation.e’s reasonable control.
“Force Majeure” Any act, event, omission or accident beyond Generation.e’s reasonable control including but not limited to Act of God, war, riot, civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, adverse weather, default of suppliers or subcontractors, strikes, lock-outs or other industrial disputes, failure of utility service or transport network.
“Major Change” A change in the date
“Minor Change” A change in the location
“Recordings” Photographs, videos or any other visual recordings taken of the Clients during the provision of the Services.
“Services” The services provided by TBC to the Client under the terms of the Contract and “Service” shall be construed accordingly. Wording importing the singular meaning shall include the plural meaning and vice versa. All wording within the booking conditions is generalised and reference to any gender includes the other genders. The headings in these Conditions are for convenience only and shall not affect their interpretation.
- A contract for the activity and / or service is made between Generation.e and the Client on the issue of written confirmation of booking by Generation.e.
- The Contract is subject to these booking conditions which the Client has been deemed to have read and fully understood. These booking conditions can only be varied by written agreement between Generation.e and the client
- No verbal representations made by Generation.e shall be relied upon by the Client.
- To place a booking, Generation.e require the full payment. Once the payment fee has been paid, the booking is confirmed. Clients can book via com/evrt-dubai/, by email or direct BACS transfer to Generation.e’s bank account. Once a deposit payment has been made, the client shall be deemed to have read and fully understood these conditions.
- e reserves the right to decline any booking at their discretion.
4) Fee and Payment Terms
- The fee payable at the time of booking shall include the planning, organising and delivery of the proposed activity and /or service.
- Once the payment has been paid by the Client and cleared, a contract is formed for the agreed programme to be delivered. If the Client wishes to alter any aspect of the programme additional reasonable costs may be levied by Generation.e at their discretion.
- The fee is non refundable if the client decides to cancel the booking.
5) Responsibilities of the Client
- The Fee does not include travel from the site / location at which the proposed activity and / or service shall be provided and this shall be the sole responsibility of the Client unless otherwise agreed in writing by Generation.e
- The Client is responsible for their own personal medical requirements, clothing and footwear for the duration of the activity and / or service unless otherwise agreed in writing with Generation.e
- It is the Client’s responsibility to inform Generation.e in writing of any health issues that may make them unsuitable to participate in the activity and or service agreed. Failure to disclose any serious illness, injury or high dose of medication will allow Generation.e to reserve the right to refuse the client to partake in strenuous exercise. Such information may result in Generation.e terminating the Contract and withdrawing the Client from the activity and / or services without refund, notwithstanding condition 8.
6) Variations and amendments
- e reserves the right to change any price or other particulars of the Services before the contract becomes binding.
- If there is a “Major Change” Generation.e shall notify the Client forthwith. Generation.e shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances, an alternative date, or a full refund.
- If there is any other change other than a “Major Change” (e.g. Minor Change), Generation.e is not obliged to pay any compensation, but will seek to inform the client in advance.
7) Cancellations by the Client
- If the client wishes to cancel the Contract they must advise Generation.e in writing. Once written cancellation has been acknowledged by Generation.e, the contract is terminated, and any funds previously paid by the client will be non-refundable and the booking will be cancelled immediately. Generation.e reserve the right to move the date of services to an alternative date. If a booking is cancelled after the fee has been paid, the fee is non refundable.
8) Cancellations by Generation.e
- e will always endeavour to fulfil confirmed bookings however do reserve the right to cancel. If Generation.e cancels a booking prior to the commencement of the activity and / or services, the Client will be offered an alternative date, or a full refund.
- The Contract maybe assigned by the Client to a third party subject at all times to condition
- The client is unable to assign or transfer the Contract to a third party without the prior written consent of Generation.e. If the client wishes to assign their contract, he or she must give notice in writing providing the full name and address and contact details of the third party. Generation.e shall then advise in writing as to whether it consents to the assignment as soon as is reasonably practicable. Generation.e reserves the right to refuse an assignment to a third party at any time without reason. If subsequently a client has to cancel due to Generation.e refusing the assignment to a third party then the cancellation charges in condition 7 shall apply.
- e may assign or sub-contract to any third party the performance of any of its obligations under the Contract without consent of the client.
- e reserves the right to alter the content of the Services at any time without notice to the Client due to certain factors including but not limited to the weather.
- Any information on our Services published by Generation.e for its literature and website is designed for illustrative purposes.
- If the Client elects not to participate in any part of the Services being provided, Generation.e has no obligation to provide an alternative activity or service and the Client will not be entitled to a refund.
- If Generation.e believes a Client’s health or safety is at risk or a Client has failed to disclose any relevant health information in accordance with condition 3, Generation.e may at its absolute discretion make decisions affecting the Client and where necessary may terminate the Contract immediately without refund.
- The client must refrain from any illegal act or any conduct which may give offence or cause danger or damage to any person. If Generation.e or any of its staff, consultants or agents, become aware of any such action, then Generation.e or any of its suppliers may at their absolute discretion have the Client immediately extracted from any property or facility without refund. Generation.e will have no liability to the Client in such circumstances.
- If there is a problem during the Services, the Client must report it in the first instance to the Generation.e course manager or instructor. If it is still unresolved then the issue should be reported immediately to a Director of Generation.e, so that all efforts can be made to resolve the problem promptly and effectively. In the unlikely event that the problem cannot be resolved and the Client wishes to make a complaint then the Client must notify Generation.e in writing giving full details within 28 days of the end of the Services. Failure to service notice of the complaint in accordance with the above will preclude the Client from being entitled to take any further action against Generation.e.
- None of the exclusions and limitations in these conditions are intended to limit any rights the Client may have under statute or common law which may not be excluded; nor in any way to exclude or limit liability to you for personal injury or death resulting from Generation.e’s negligence or that of its employees or agents; or for any liability incurred as a result of fraud or fraudulent misrepresentation by Generation.e.
- The Client understands that attending any activity or service provided by Generation.e involves some level of risk. These risks include but are not limited to physical injury or even death. By attending any activity or service provided by Generation.e the Client agrees to assume these risks and agrees to release and discharge Generation.e and its directors, employees and agents from any and all claims for liability.
- Neither Generation.e nor any of its directors, employees or agents will be liable for any loss or damage to any personal property or vehicle belonging to the Client during the course of the EVRT Dubai 2020.
- e reserve the right to take any recordings of the Client during the activity and /or services and the Client accepts that all rights whatsoever arising in the recordings shall by solely owned by Generation.e.
- The Client accepts and agrees that any recordings may be used by Generation.e at its absolute discretion in any manner including but not limited to its website, promotional material and advertisements.
- e reserves all copyright which may subsist in the products of, or in connection with, the provision of all activities, services or facilities. Generation.e reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.
15) Law and Jurisdiction
- These terms and conditions shall be governed and construed in accordance with English and Welsh law and the parties shall submit to the non – exclusive jurisdiction of the English and Welsh courts.