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You are here  Terms & Conditions |
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 1. Giftasmile and its terms |
We
advise you to print and
keep safe a copy of these
terms. Customers are requested
to read these terms before
entering into a contract
with Giftasmile (“we”,
“the company”).
Contact details of the company
are available at the end
of these terms. Giftasmile.co.uk
is an English company acting
as a booking agent for services
and goods under English
Law. By purchasing a voucher,
a "Giftasmile voucher
pack" the customer
agrees to these terms and
these
are the terms between the company and the customer and recipient.
The terms of our contract do not affect consumers' statutory
rights under the law of England and Wales. |
| 2. Changes to these terms |
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The company reserves the right, on giving notice to its
customers, recipients, on the website to vary or revoke these
terms or make such additional terms as it may consider necessary or desirable.
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| 3. Definitions In these terms |
"Activity" means the activity or activities specified in the voucher;
"Brochure" means a brochure or other advertising material produced by the company
from time to time which contains descriptions of and prices for the activities;
"Customer", “You” means the person or business who/which orders or purchases a voucher;
" Giftasmile voucher pack" means the pack which includes the voucher and all
the necessary details for the chosen activity;
"Operator" is the third-party supplier of the activity;
"Price" means the cost of the voucher inclusive of VAT at the current rate;
"Recipient" means either the customer or the nominated person who is going to
redeem the voucher;
"The company" means Giftasmile and all its employees;
"Voucher" means the voucher issued by the company, which entitles
the customer or recipient to the activity(s) detailed therein;
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| 4. The company acts as a booking agent only |
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By purchasing a voucher from the company,
the customer, recipient contracts directly with the operator and accepts that the terms
and conditions of the operator shall apply.
The activity is provided by the operator and
the company shall not accept any liability whatsoever
for the activity. It is acknowledged by the customer
that the company acts as a booking agent only and undertakes
to book the activity on behalf of the customer or the recipient with the operator.
If the customer or recipient wishes to make a complaint, they should, in the first
instance, bring it to the attention of the operator at the venue as soon as possible
so that the operator may attempt to resolve any issue(s) there and then. In general,
we consider it unreasonable not to take any action during the event, and then to lodge
a complaint to the company thereafter. If, subsequent to making a complaint directly with
the operator on the day, the customer is still dissatisfied, they should lodge their
complaint directly with Giftasmile, who will take up the issue with the operator. |
| 5. Activity: descriptions, illustrations |
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All statements, representations and illustrations
(“the statements, representations and illustrations”)contained in the brochure, the company’s website, the
company’s advertising materials, Giftasmile voucher
pack or otherwise communicated shall not bind the company,
and are intended to provide an indication only. The machines,
vehicles, craft, animals and settings at each venue do vary.
The company reserves the right to alter any statements, representations
and illustrations or activity, or any part of the activity at its own discretion,
or whereas such alteration has been imposed by the operator without notice |
| 6. Travel, hotel or other arrangements |
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All Customers or recipients are advised not to make travel, hotel or other arrangements until your activity has been confirmed.
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| 7. Minimum age and other restrictions |
The minimum age for an activity will be specified in the operator’s terms and conditions. The customer or recipient must provide proof of their age if requested to do so by a representative of the company or the operator. The activity is provided subject to any restrictions stated in the brochure, the operator’s terms and conditions, on the company’s website or otherwise communicated to the customer or recipient.
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| 8. Activities requiring a valid driving licence |
Some activities require a valid driving licence. Customers or recipients must prove possession of a licence and produce it when it is required as required by operator’s terms and conditions. A failure to prove possession of a licence and produce it when it is required as required will prevent the customer or recipient from undertaking the activity and in such circumstances the company is under no duty to provide an alternative activity or a refund.
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| 9. Health |
Due to the nature of some of the activities, carrying out the activity may involve some risk. By booking a particular activity the customer or recipient confirms that he is medically and physically fit and able to participate in it. If a customer, recipient has any medical condition or disability or knows of any other factor, which may adversely affect his participation, he must advise the company in writing at the time of booking, even if such details have been given in connection with previous activities. The company or operators may decline to accept an individual booking if they consider that they cannot properly meet that individual customer’s, recipient’s needs and requirements, or if they otherwise consider in their absolute discretion that participation should be refused.
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| 10. Activity: timing |
The timing of the activity or activities engaged in on the day is provided as a guide only and the customer may be required to wait between different elements of the activity alongside other participants.
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| 11. Price |
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The price stated in the brochure, website or otherwise communicated is correct at the time of going to press or when communicated but the company reserves the right to change prices without notice subject to the company informing the customer of the new price at the time of ordering. The customer shall pay the price in full at the time of ordering the voucher and no voucher shall be issued unless the full price has been paid. The customer will not be permitted to pay the price in instalments without agreement from the company. The price includes VAT and the cost of the activity information pack. Where an activity has increased in price since the issue of the customer’s original voucher pack, the customer may be required to pay a supplement. The company will communicate such supplements to customers, recipients as soon as is practicably possible. The advertisement of any goods or services on the site shall be construed as an invitation to treat only, not an offer. |
| 12. Activity: booking |
Activities may be booked by internet, telephone, fax or by post. Company contact details are available at the end of these terms. A booking shall only be deemed to have been accepted when full payment for the activity has been received in cleared funds. If you have purchased or received an open-dated voucher we cannot guarantee a particular date, availability will be communicated at time of booking.
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| 13. Payment |
Payment for activities must be by credit card; Visa, Mastercard, Delta, Switch, Solo, JCB Card, Electron or by cheque (which must be received by the company prior to voucher pack being issued).
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| 14. Voucher: Issue |
On confirmation of payment of the price by the customer the company shall issue the voucher(s) to the customer. The issue of a voucher does not constitute the confirmation of a particular date unless stated on the voucher.If a mistake (e.g. spelling) is made on the voucher or message card we will send a replacement at no extra cost. If however, the customer has made the mistake during the online order process, a £5 charge will be payable by the customer to the company before a replacement voucher or message card can be issued.
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| 15.
Voucher: Redemption |
The customer or recipient must hand the voucher to a representative of the operator before the activity commences in order that the customer or the recipient may take part in the activity.
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| 16.
Giftasmile voucher pack’:
Delivery |
All vouchers and voucher
packs are despatched by
UK Royal Mail first class
post service to the address
specified by the customer.
We cannot be held responsible
for non-delivery of goods
once they have left our
offices. If the pack is
needed urgently, to guarantee
this we recommend you use
our Courier Service. Orders
received before 4pm Monday
to Friday will be will be
dispatch the same day for
guaranteed next working
day delivery. For Courier
Service deliveries a fee
of £15 will be payable.
Our courier will deliver
up to 5.30pm, the pack can
fit easily through most
letterboxes and no signature
is required. For any other
special delivery requirements
please call our sales team
for further information.
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| 17.
Voucher: Validity |
The customer or recipient will not be permitted to commence the activity unless they are in possession of a valid voucher. A voucher will be deemed invalid if: somebody other than the person specified on the voucher wishes to undertake the activity; the voucher is out of date; the activity specified on the voucher does not correspond with the activity which the customer or recipient wishes to undertake or the location of the activity.
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| 18.
Voucher: Expiry |
The voucher is valid until the date specified on it. This means that the experience has to be booked and taken-up prior to or on the expiry date on the voucher. Please note that some activities are more popular than others especially in summer months and lead times vary. If the customer or recipient is unable to redeem the voucher before that date for any reason then upon: the original voucher being returned to the company; the payment of an administration fee of £25.00; and the payment of a charge to reflect any increase in the operators fee (if applicable) the company shall reissue a voucher for the same activity which shall be valid for a further 6 months.
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| 19.
Voucher: Exchange |
If an activity has not been booked with the operator, and upon receipt of the original voucher and an administration fee of £10.00; the customer or the recipient may exchange the voucher for another voucher representing for any other activity of the same value, in the brochure or if the activity is of a higher value then the difference must be paid. If the activity is of a lower value, the balance will be held in credit for you to use against any future purchases valid until the voucher expiry. Please note that where a credit balance is held we will not refund any money.
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| 20. Voucher transfer |
Vouchers are non-transferable. They are only valid to named participant.
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| 21.
Voucher: Loss |
The customer or recipient will not be allowed to exchange the voucher or have the voucher refunded in the event of losing the voucher.
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| 22. Freedom Vouchers |
These vouchers allow the recipient to choose from a selection of experiences. Please note that the selection detailed at the time of purchase may change from time to time. However, there will always be at least 10 experiences/products for the recipient to choose from.
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| 23. Performance and safety standards of operators |
Whilst the company makes every effort to monitor the service provided by the operator it does not provide any warranty or guarantee as to: statements, representations and illustrations made by the operator, the performance of the operator with regard to the activity; and the safety standard of the operator. Therefore, any liability that is incurred by the customer or the recipient as a result of a failure of the latter is the responsibility of the operator and not the company. The company will not be responsible for any personal injury, illness, death (but, not including death or personal injury caused by our negligence) loss or damage of whatever nature (including consequential loss not within the contemplation of the parties) which includes but is not limited to loss of anticipated earnings, profits, goodwill, reputation, business receipts or contracts, losses or expenses resulting from third party claims, suffered by any customer or recipient or other person in connection with or as a result of statements, representations and illustrations made by the operator or by participating in any activity. In any event, Giftasmile will not accept liability for any claim that exceeds the price of the voucher or product originally supplied.
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| 24. Own belongings, activity equipment or other activity items |
Customers or recipients are responsible for their own belongings and for any equipment or other items used by or made available to them in connection with any activity. The Company does not accept any responsibility whatever for any loss of or damage to such items.
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| 25. Refunds & Cancellations |
If you are not completely satisfied with a Giftasmile gift pack that you have ordered, you may return it to us within 7 working days from the date of order for a full refund or exchange, however, this does not apply if you have booked a particular date (please see paragraph below). After that date we would be happy to make refunds on vouchers subject to deducting a 25% administration fee (minimum fee: £25.00). Refunds are always made to the person who originally purchased the pack and if purchased by credit card, the refund will be credited to the same card. For any returned gift packs please ensure proof of postage. The Company cannot be held responsible for any lost gift packs.Once an activity is booked for a specific date there may be cancellation charges should the booking be altered. Depending on the venue, the charges incurred may be up to the full price of the activity. Charges are calculated according to the company’s and operator’s terms and conditions. A minimum of £25 administration charge will apply in any event. You may be covered under our cancellation insurance, a copy of which will be included in your pack. Giftasmile does not accept re-bookings or cancellations within 21 days of a booked experience. Due to circumstances beyond our control we may have to cancel an activity. We will do our best to notify you as soon as possible and do everything we can to offer you an alternative date or time. We regret that in these circumstances we cannot offer a refund on pre-paid accommodation, travel or any other expenses.The customer or the recipient shall not receive a refund of the price if the activity does not take place because of national war, strikes, blockades, new laws or anything else, which is beyond reasonable control of the company or the operator.
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| 26. Cancellation of activities because of circumstances beyond our control |
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All Activities are offered subject to availability and weather conditions and therefore, the company cannot guarantee that the activity will not be cancelled by the operator if the activity becomes unavailable or the weather conditions on the day render the activity unsafe. In the event that the activity does not take place, the activity will be rescheduled for another date. We are always adding to the locations we offer but occasionally we may need to withdraw a venue for reasons beyond our control. If your chosen location is withdrawn, you will be offered alternative venues wherever possible but please note this is likely to be at a different location. The company reserves the right to discontinue an activity or a relationship with an individual operator at its own discretion, and in such cases a suitable alternative will be offered If specific celebrities or vehicles are featured but are not available on the day for reasons beyond our control, we will make every effort to find a suitable replacement. If this is not possible, we reserve the right to cancel your activity at short notice and re-book it. We reserve the right to reschedule the timings or location of any activity owing to unavailability of the activity, insufficient numbers making the activity unavailable and any other factors beyond our control.
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| 27. Insurance |
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The customer, recipient acknowledges that many of the activities may involve some risks and that any involvement in such activities is at the customer’s, recipient’s risk. The personal injury accident and cancellation insurance will only be valid for the Activity and is not transferable.
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| 28. Severability of clauses |
Each of the clauses and sub-clauses of the terms shall be construed as independent of every other clause and sub-clause to the effect that if any clause or sub-clause of the terms shall be deemed to be invalid and unenforceable then such determination shall not affect any other clause or sub-clause of the terms, all of which other clauses and sub-clauses shall remain in full force and effect.
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| 29. Other intellectual property rights (‘rights’) on the site |
The company does not confer on anyone any licence or right under any of our intellectual property rights including copyright, trade marks, names and logos, used in relation to this site or those of any third party.
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| 30. Group Bookings |
Once an activity is booked for a specific date, there will be cancellation charges should the booking be altered or cancelled. Depending on the venue, the charges incurred may be up to the full price of the activity. Charges are calculated according to the company’s and operator’s terms and conditions. A minimum of 20% of total booking fee will apply in any event. Giftasmile does not accept re-bookings or cancellations within 28 days of a booked experience. Please note our accident and cancellation insurance does NOT apply to group bookings..
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| 31. Giftasmile.co.uk RETURNS & REFUNDS FOR GOODS (European Union consumers only) |
If you are not completely happy with the goods
Giftasmile.co.uk want you to be totally satisfied with every purchase of goods you make from us. We aim to offer you value and quality. So if, for any reason, you are not completely happy with your purchase, simply return it to our fulfilment partners or us within 7 working days of delivery, unused in its original packaging together with the receipt. We'll exchange it or offer you a full refund (less postage) within 30 days of you cancelling the agreement. You will have to pay the cost of returning the goods. If the company collects the goods, we still charge you the cost of recovering them. The return address will vary depending on our fulfilment partners. You will be advised once notification of return is received.
How to cancel
To cancel you can email fax us, or write to us within 7 working days of delivery of your items, quoting your order number. You must not use the items and take reasonable care of them. Items may be returned to our fulfilment partners or us. The company may collect the goods. If we do, we will send you an e-mail, fax or letter notifying you of the time of collection
E-mail: cancellations@giftasmile.co.uk
Office address: 6 Lime Court, 201 Great North Way, London NW4 1PN
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| 32. Use of the site |
Disclaimer To the fullest extent permitted at law, the company is providing this site and its contents on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this web site or the information, content, materials or products included in this site including, without limitation, warranties of merchantability, satisfactory quality and fitness for a particular purpose. In addition, the company does not represent or warrant that the information accessible via this site is accurate, complete or current. Price and availability information is subject to change without notice
Except as specifically stated on this site, to the fullest extent permitted at law, neither the company nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of it or the information, content, materials or products included on it. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages (but, not consequential loss within the contemplation of the parties), loss of data, income or profit, loss of or damage to property and claims of third parties.
Copyright licence (‘licence’) to use this site
All the content of the site apart from content supplied by third parties is the copyright of the company. All visitors to the site are allowed to print and download extracts of the site for personal use: and may save extracts of it to their local hard disk for the purposes of creating one personal back-up copy.
What is not permitted All other copying and distribution of any of the contents of this site is strictly forbidden.
In particular, no part of this site may be distributed or copied for any commercial purpose/gain.
No part of this site may be reproduced on or transmitted to or stored on any other web site or other form of electronic retrieval system nor may be accessed in such manner as to make them appear part of any third party's web site or electronic database or retrieval system without the company’s prior written permission.
Hyperlinks We accept no responsibility for the content of any site to which a hypertext link from this site exists. The links are provided on an "as is" and "as available" basis, at client’s, visitor's sole risk and without representations or warranties of any kind, either express or implied, including but, not limited to warranties of title, satisfactory quality, fitness for a particular purpose, reasonable care and skill or otherwise. Nor are any warranties or commitments made that access or use will be uninterrupted or error free, or as to the results to be obtained from any access or use.
Any rights not expressly granted in these terms are reserved. |
| 33. Governing law and jurisdiction |
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This contract is subject to the law of England and Wales. All disputes arising out of this
contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.
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| 34. Customer service |
If the customer or recipient has any query or complaint relating to the service provided by the company, or if, subsequent to making a complaint directly with the operator on the day, the customer or recipient is still dissatisfied with the activity purchased, please address the complaint directly to the company at the following address:
E-Mail :customerservice@giftasmile.co.uk
Telephone :
+44
(0) 20 8732 8219
Address : 6 Lime Court, 201 Great North Way, London NW4 1PN
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