These terms and conditions (the "Terms") are an agreement between you or the entity you represent ("you," "your," or “user”) and Hen and Stag Weekend Ltd, a private limited company governed by the laws of England and Wales (the "Company", "we," “our,” or "us"). You must read, agree to and accept all of the terms and conditions contained in these Terms in order to use our website located at www.justbanter.co.uk, a platform that facilitates bookings of venues, facilities, accommodations, entertainment equipment,activities, experiences and other related services (hereinafter referred to as the “Platform”) between those who seek to organize a bachelor/bachelorette party or another event (“Client(s)”) and service and/or venue provider (“Supplier(s)”). The Platform is intended for the use of adults 18 years or older. You are not permitted to use the Platform if you are under the age of 18.
To the extent permitted by applicable law, we may, at any time, amend these Terms, including any features or functionality of the Platform, without prior notice to you, by posting a revised version of the Terms and/or a notification about changes made to features or functionality. Any revisions to these Terms will take effect when a revised version or a notification is posted on the Platform unless otherwise stated. Your continued use of the Platform after the revision date constitutes (a) your acceptance of revised Terms and/or changes made to the Platform and (b) agreement to be bound by any such revised terms and conditions.
If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this these Terms and that such entity or organisation is duly authorized to do business in the country or countries where it operates. In that event, "you," "your," or “user” will refer and apply to that entity.
Licence. Subject to the terms and conditions of these Terms, the Company grants you a non-transferable and non-exclusive licence of the right to use the Platform.
Certain Restrictions. The right granted to you in the present Terms is subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Platform; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Platform; (c) you shall not access the Platform in order to build a similar or competitive service; (d) you shall not remove or destroy any copyright notices or other proprietary markings found on the Platform. Any future release, update or other addition to any of functionalities or content of the Platform shall be subject to the terms and conditions of these Terms.
Moreover, you agree not to use the Platform to: (a) upload or distribute any computer viruses, worms, malicious code or any software intended to damage or alter a computer system or a mobile device or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders or scrapers); (c) disable, overburden, impair or otherwise interfere with servers or networks connected to the Platform (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Platform or servers or networks connected to the Platform (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of the Platform.
Modification. We reserve the right, at any time, to modify, suspend or discontinue the operation of the Platform or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of operation of the Platform or any part thereof.
Ownership. We and our licensors (if any and where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Platform (excluding Supplier’s Content, as defined below). The Platform is licensed to you; this means that the Platform is under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to the Platform. Our name, logo and other names associated with the Platform belong to us (or our licensors, if any and where applicable) and no licence of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms.
Your Account. In order to get full access to the Platform, you must (i) register for an account (“Account”) and (ii) provide certain information about yourself as requested. You represent and warrant that: (a) all required information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, (c) your use of the Platform does not violate any applicable laws and (d) you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms. You may close your Account at any time, for any reason, by following the instructions on the Platform. The Company may suspend or terminate your Account in accordance with the Term and Termination section of the present Terms.
Confidentiality and Security of Your Account. You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information and (ii) all activities that are conducted under your Account. You agree not to disclose your password to anyone and you shall be solely responsible for any use of or action taken through the use of such password on the Platform. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. By using your Account, you acknowledge and agree that the Company’s account security procedures are commercially reasonable. You agree to immediately notify the Company in the event of any unauthorized use, suspected unauthorized use, of your Account or any other breach of security.
Supplier’s Content. “Supplier’s Content” shall mean any and all content (including, but not limited to, descriptions, pictures, videos) that a Supplier uploads to the Platform. If you are a Supplier, you are solely responsible for your Supplier’s Content. You assume all risks associated with the use of your Supplier’s Content, including any reliance on its accuracy, completeness or usefulness by others or any disclosure of your Supplier’s Content that makes you or any third party personally identifiable.
You hereby represent and warrant to the Company as follows: (i) your Supplier’s Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licences, consents and permissions necessary in order to use at any and all times during any applicable use and (if and where relevant) to authorize the Company to use Supplier’s Content pursuant to these Terms, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public your Supplier’s Content, and each and every part thereof, on, through or via the Platform.
You agree not to use the Platform to upload, distribute or otherwise use any Supplier’s Content in a way (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right; (b) that is tortious, trade libellous, defamatory, false or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene or offensive or that contains pornography, nudity or graphic or gratuitous violence or that promotes violence, racism, discrimination, bigotry, hatred or physical harm of any kind against any group or individual or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates any law, regulation or contractual obligations.
The Company is not responsible for and do not control any Supplier’s Content. The Company has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to any Supplier’s Content.
Licences and Permissions for Venues. Suppliers that list venues on the Platform shall ensure that their venues comply with the laws regarding noise disturbances, alcohol sales, fire regulations, maximum capacity and other safety concerns, or they risk hefty fines. Major violations, such as the sale of alcohol to minors, can even result in a revocation of the business's permits. Venues must submit to fire marshal inspections to ensure that no building codes are being violated and emergency exits are properly marked and free of obstructions.
REGARDLESS OF WHETHER YOUR VENUE IS LOCATED, YOU HEREBY WARRANT THAT YOU HOLD ALL NECESSARY LICENCES, PERMITS, AND/OR AUTHORIZATIONS REQUIRED BY LAWS OF THE COUNTRY WHERE YOU OPERATE YOUR VENUE.
Laws Applicable to Venues Located in England or Wales:
Licensing Act 2003. The Licensing Act 2003 is an Act of the Parliament of the United Kingdom. The Act establishes a single integrated scheme for licensing premises in England and Wales (only) which are used for the sale or supply of alcohol, to provide regulated entertainment, or to provide late night refreshment.
If your venue is located in England or Wales, you must acquire or hold premises licence that would allow you to sell alcohol (this includes providing “free” alcohol to Clients) or serve hot food and drinks between 11pm and 5am. You will also need a licence if you provide the following types of entertainment: theatrical performance, showing a film, indoor sporting event, boxing or wrestling (indoor or outdoor), live music, recorded music or dancing. Moreover, if you want to sell alcohol from your venue, you must appoint one person who holds a personal licence. That person does not have to be present on the premises to oversee the sale of alcohol, but is responsible for any sales made by other members of your staff. The Alcohol Licensing section of the Gov.uk website offers information related to the Licensing Act and the application process.
Temporary Event Notices (TENs).A Temporary Event Notice (TEN) is a licence to hold one-off licensable activities in unlicensed premises. You are limited to a maximum of five per year if you do not hold a personal licence and fifty if you do. No more than fifteen TENs can be given in respect of any particular premises in any calendar year and each event covered by a TEN can only last up to 96 hours (to a maximum of 15 days per year in aggregate) and can only be attended by a maximum of 499 people. There must also be a minimum of 24 hours between events.
Live Music Act 2012. The Live Music Act exempts small licensed venues with audiences of up to 200 (including accommodation establishments, pubs, restaurants and community halls) from requiring a separate special licence to hold live shows with amplified music between 8pm and 11pm. It also removes the need for a licence for unamplified live performances between 8pm and 11pm in all venues.
The Company facilitates bookings of venues, facilities, accommodations, entertainment equipment, activities, experiences and other related services between Clients and Suppliers (the "Company Services") by providing, operating and maintaining the Platform for Clients’ and Suppliers’ convenience. The Company does not provide, own or endorse any venues, facilities, accommodations, entertainment equipment, activities, experiences and other related services itself. When a Client makes a booking using the Platform, the Client agrees to enter into a contract with a Supplier, not the Company, as the Company acts as an intermediary only that facilitates formation of any such contract. It is the Supplier's responsibility to provide the Client with the venue, facility, accommodation, entertainment equipment, activity, experience or another agreed upon service. The Company is not responsible for the fulfilment of any arrangement made through the Platform or for the condition of any venue, facility, accommodation, entertainment equipment or quality of any service that is booked via the Platform. Any claim a Client(s) may have should therefore be brought against the Supplier(s) in question and not against the Company.
In consideration of the Company Services provided to Clients and Suppliers, the Company shall have the right to impose fees (“Company Fees”) that would be automatically added to prices charged by Suppliers for venues, facilities, accommodations, entertainment equipment, activities, experiences and other related services. Therefore, the prices on the Platform are all inclusive of Company Fees. The size of Company Fees may differ from service to service.
The Company disburses Supplier’s funds within seven (7) days following the date of Client’s enjoyment of booked arrangements.
Contract between a Client and Supplier. When a Client books a venue, facility, accommodation, entertainment equipment, activity, experience or another service through the Platform, the Client is entering into a contract with a relevant Supplier (“Contract”). Any Contract is solely between a Client (and members of his/her group) and the Supplier, and the Company is not a party to any such Contract. Terms and conditions of any such Contract will be displayed to a Client before a booking is made.
A Contract may include Supplier’s rules for exploitation of its venue, facility, accommodation, and entertainment equipment; terms of services; rules of conduct; and schedule of fees. Contract cannot contain any terms and conditions that affect the rights or responsibilities of the Company.
Booking Fee. “Booking Fee” is a combination of all fees (accounted for all members of a group) for different arrangements made under a single booking, including the Company Fee.
Supplier’s Responsibility. The Supplier hereby agrees to fulfil all its obligations under any Contract in a professional and skilful manner.
Payment Conditions for Small Groups or Individual Clients.
Payment Conditions for Corporate Clients.
Payment Processing. Payments can be made using a debit/credit card or bank transfer. For each payment made using a debit card, a Client will be assessed £1 and 3.5% for payments made with credit cards.
Taxes. The Booking Fee is inclusive of all applicable taxes, including VAT (if applicable).
Pricing Policy. Prices quoted to you at the time of your price enquiry are correct to the best of our knowledge at that time. It is possible that prices may change before you actually make a booking. We will advise you of any change in price or error of which we are aware at the earliest opportunity. We reserve the right to make changes to and correct errors in prices at any time before you make a booking.
Disbursement of Funds to Supplier through a third party. If a Supplier elects disbursement of funds through a third party, the Supplier acknowledges and agrees that any such third party may assess additional fees. If the Supplier elects disbursement of funds in a foreign currency, the Company will withhold a conversion fee of 1.5%.
Hold on funds. In case of dispute, fraud, abuse or violation of these Terms by either a Client or Supplier, the Company reserves the right to freeze all monies payable to the Supplier until the situation is cleared.
Clients’ Conduct. You understand and agree that when you book through the Platform, you accept responsibility for the proper conduct of yourself and all other members in your party during your event. We kindly request that you carefully read rules of conduct imposed by Suppliers (if any) and act accordingly so as not to cause harm or damage to other people in the vicinity of your event/activities.
You agree to ensure that all members of your group act at all times in a responsible manner and comply with all safety procedures, listen to and are present at all safety and information briefings (if any), make supervisors or any persons in authority immediately aware of any equipment or site deficiencies or concerns, dress suitably for any event as advised by any Supplier.
Many events and activities require a high level of concentration and the use of alcohol or drugs or being under the influence of alcohol or drugs whilst participating in such events and activities is strictly forbidden.
The Supplier or any person in authority can terminate your event/activity if your behaviour or that of any member of your group is likely to cause distress, damage, danger or annoyance to other people in the vicinity of your event/activity. In this situation, any such Supplier or person in authority we will not be liable to you for any loss of monies associated with terminated event/activity.
Visas and Travel Documents. If you are booking arrangements that are located in another country, you and members of your group are solely responsible for obtaining all needed visas, travel documents (such as passport for each member in the group), and medical or travel insurance before entering any such country.
It takes approximately 2 to 6 weeks to obtain a British passport. Therefore, you should apply for one at least 6 weeks before your departure.
You are strongly advised to obtain adequate personal insurance for your protection if you choose to undertake any hazardous activities in order to be covered for accidental injury or death.
Client’s Health. Some activities displayed on the Platform may require a good level of fitness, strength and endurance. Clients are responsible for making the judgement as to whether any of those activities are appropriate for them. Many activities may not be suitable for those with disabilities, illnesses or allergies, therefore we urge you to consult with your physician, doctor, or medical provider first. If you or a member in your group has an existing medical condition or disability, please let us know before any booking is made.
If we find out after you have made a booking that you have an existing medical condition or disability and you are not being accompanied by someone who can provide all the assistance you may reasonably require, we will advise the applicable Supplier(s) of such. The Supplier(s) reserves the right to cancel your booking and impose cancellation charges as set out in these Terms if the booked activities are not suitable for your health condition. Please note that some of the activities featured on the Platform may be inherently dangerous and by booking these activities, you accept the inherent risks.
If you have any special request, you must advise us in writing before you make a booking on the Platform. Although we will endeavour to pass your special requests on to the relevant Supplier, we regret that we cannot guarantee that any such request will be met.
Changes and Cancellations by Us. We try to prevent changes and cancellations wherever possible, but we reserve the right to do so. In case we or one of the Suppliers have to make a change or cancel any part of your booking, we will ask you to accept alternative arrangements or cancel your booking to receive a full refund.
Changes by you. We will try to accommodate your changes or requests, although extra charges may apply depending on the specific changes involved and any charges enforced by the suppliers we work with.
If you decide to change your booking in any way, we will try to accommodate your request, however, please bear in mind that sometimes it will not be possible to make any changes. Where changes can be made, we will not charge an amendment fee, but extra charges may apply depending on the changes involved and any charges enforced by Supplier(s).
If your Booking Fee depends on the number of people in a group and you need to increase that number, the Booking Fee will be recalculated and you will be required to pay the difference in the Booking Fee. However, if someone in your group cannot/is unable to attend your events, no refunds will be issued.
Cancellations by you. If you wish to cancel all or any part of your booking (except for decreasing the number of people in your party), you should advise us immediately in writing by sending a message to firstname.lastname@example.org. Your cancellation fee will be assessed based on the table below.
|If you send us a cancellation notification:||Cancellation Fee:|
|More than 42 days before the date of your event||any paid monies|
|Within 7-42 days||50% of total price for each person in group who cancels|
|Within 0-7 days||100% of Booking Fee|
Any discount or special offer you may have received at the time your booking may be altered or reduced whenever changes are made. If you have an insurance policy that covers cancellations, you must claim a refund of the cancellation charges from the insurance company.
Adverse Weather Conditions. There is always a risk that you may be unable to take part in weather-dependent activities due to poor weather conditions. If this occurs, we may assist you in securing an alternative booking, but you may have to pay any associated additional cost arising out of the alternative arrangement.
Force Majeure. We regret that we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by Force Majeure. “Force Majeure” are forces beyond one’s control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, and interruptions, loss or malfunctions of utilities, communications or computer (software or hardware) services. Additionally we cannot accept liability or pay any compensation where you/any participants of your event suffer any damage, injury, expense or loss of any description as a result of Force Majeure.
If a Supplier is forced to change or cancel your booking of any part of it due Force Majeure, we will assist you in securing an alternative booking, but you may have to pay any associated additional cost arising out of the alternative arrangement.
As stated in these Terms, Supplier is solely responsible for fulfilling all its obligations under any Contract in a professional and skilful manner. Therefore, should you be unhappy with any part of the services or conditions of venues, facilities, accommodations provided to you by a Supplier, you should notify the appropriate Supplier immediately.
If the problem cannot be resolved in an amicable way, you should contact us in writing within a 14-day period of your event. The matter will be investigated and a reply will be sent to you within four weeks of receipt of the complaint. We cannot not guarantee that you will be issued a refund, but we will do our best to help both sides resolve a dispute. Please bear in mind that any acceptance of liability by us iss subject to limitations of liability clause of these Terms.
In the unlikely event that you have to pay again for an activity or for entrance to a venue booked through the Platform, please keep the receipt and send us a photo of it in order for you to be reimbursed for the additional costs.
Client shall make all payments relating to or in any way connected to any booking through the Platform. All electronic communication between the Client and the Supplier shall be done solely via the Platform. Any action that encourages or solicits complete or partial payment outside of the Platform constitutes a violation of these Terms.
THE PLATFORM, INCLUDING ALL THE SUPPLIER’S CONTENT AND COMPANY SERVICES AVAILABLE THROUGH IT,IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY OR NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE PLATFORM: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE (OR OUR PARTNERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PERSONAL INJURY, ILLNESS, DEATH, LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE USE OF THE PLATFORM EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH PERSONAL INJURIES, ILLNESS, DEATH, OR DAMAGES.
ACCESS TO AND USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, officers, agents, employees, representatives and agents from and against any claims, suits, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of the Platform, (ii) any Supplier’s Content, (iii) your violation of these Terms or (iv) any claim, judgment or adjudication that any action of yours infringes proprietary rights or other rights of any third party or any other Platform user.
The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify the Company and you agree to cooperate with our defence of these claims. You agree not to settle any matter without our prior written consent. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Term. You hereby acknowledge and agree that these Terms shall come into force on the date you create an Account and will remain in force and effect until terminated in accordance with these Terms.
Termination. You may terminate these Terms and suspend your rights to use the if we believe you have violated any provision of these Terms. Upon termination of these Terms, your Account and right to use the Platform will automatically and immediately terminate. We will not incur any liability whatsoever to you for termination of these Terms or deletion of your Account and any Supplier’s Content associated with it (if any). Termination shall not relieve you of the requirement to pay for any outstanding fees.
These Terms do not create a partnership, agency, employer-employee or similar relationship among or between either of the parties (the Company, a Client, a Supplier). Neither party has authority to enter into written or oral — whether implied or express — contracts on behalf of another. Supplier acknowledges that the Company does not, in any way, supervise, direct or control Supplier's venues, facilities, accommodations, entertainment equipment, or activities, experiences and other related services offered on the Platform. For the avoidance of doubt, Supplier shall be solely responsible for all costs and expenses incurred in connection with the performance of services under any Contract.
Modifications. No modification or amendment to these Terms shall be binding upon the Company unless in a written instrument signed by a duly authorized representative of the Company.
Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganisation or sale of all or substantially all of our assets or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.
Severability. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, (i) the other provisions of these Terms will be unimpaired and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Platform. Notices hereunder shall be invalid unless made in writing and given (a) by the Company via email (to the email address that you provide), (b) a posting on the Platform or (c) by you via email to email@example.com or to such other email addresses as the Company may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.
Governing Law. These Terms shall be governed by the laws of England and Wales and you agree that the English courts shall have exclusive jurisdiction in any dispute. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our rights in any court of competent jurisdiction.