Terms and Conditions
My Big Night Out is a registered trading name of Stonehills Holidays Limited which owns and operates the website, domain and sub domains of www.mybignightout.co.uk. Stonehills Holidays Limited has registered offices at 72b St George’s Road, Brighton, BN2 1EF and a company register number 07511456.
Explanation of terms
(i) “we”, “us”, “our” and “company” are references to Stonehills Holidays Limited.
(ii) “you”, “your”, “group”, “customer” or “party” means all persons (or any of them including the Organiser) named on the booking (and persons added or substituted at a later date).
(iii) “activities” means the events, accommodation, transport, meals and other services of whatever description (or any of them), as applicable, booked through us for you in accordance with our contract
(iv) The “Organiser” means the person who makes the booking on behalf of the group and who will be our point of contact (and / or any substitute for that person).
(v) “Force Majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include but are not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
(vi) “in writing” means by email or letter
1. Extent of Service
Through the website we provide an online platform through which you can purchase activities for private group events. We act only as an agent in respect of all bookings we take and/or make on your behalf.
2.1 Bookings are taken on the basis that they are made by an Organiser. When you make a booking, and acknowledge via email that you would like to proceed with the booking, we will take an estimate of group numbers from you and will reserve your activities in accordance with these terms and conditions. By booking with us, you will be regarded as having had the opportunity to have read and understood our Terms and Conditions and to have actually done so before a contract between us came into existence.
2.2 Only when we confirm your booking, by sending a confirmation email to you, will at that point a binding contract between us come into existence. Any communication confirming that we are holding your booking, does not constitute a contract between us. Should we acknowledge you’re booking prior to sending a confirmation email, such acknowledgement will be an indication that we are dealing with your booking request and is not a confirmation of it.
2.3 Please check your booking confirmation email together with all other documents we send you, as soon as you receive them. Contact us at once if any information appearing on the confirmation or any other document appears to be inaccurate or incomplete as it may not be possible to make changes at a later date. If we are not notified of any inaccuracies in any of our documentation within 24 hours of our sending it, we regret that we cannot accept any responsibility. We will do our best to rectify any inaccuracies notified outside these time limits, you will be responsible for any costs and expenses involved in doing so.
You accept that the Organiser has the authority to deal with us on your behalf. If for any reason there is a change in the Organiser, you should notify us in writing immediately. The Organiser is responsible for the booking and for ensuring that all monies due for a booking are collected and paid on time by the members of the group. The Organiser assumes all responsibility to settle the balance of the invoice for a confirmed booking before the final balance due date. The Organiser is responsible for ensuring that other members of his/her party are aware of these Terms and Conditions and that they consent to him/her acting on their behalf in dealings with us.
3.1 Your booking page will indicate the total price of your activities, the balance due, non-refundable deposit and the balance due date. A full non-refundable deposit for your booking will be required within 1 week of your booking.
The balance must be paid no less than 6 weeks prior to the start of your activities. If we are unable to collect the full balance more than 6 weeks before your booking will, unless otherwise expressly agreed in writing, be cancelled by you and the cancellation charges set out in clause 7 will be payable by you.
3.2 If you are booking within 6 weeks of your commencement date, then the total price shall be payable at the time of booking and numbers will be confirmed at the point at which we accept your booking and receive payment.
3.3 Payments can be made via the telephone. We accept a valid credit or debit card or bank transfer. There is no charge for payment by bank transfer or debit card and a 3% processing fee for payment by credit card applies. Credit card details are stored securely in compliance with PCI DCC conditions and customer details are not shared with any third party.
3.4 All prices are inclusive of value added tax or similar sales tax.
3.5 If payment is not received by us in time, we will inform the Organiser that the payment is overdue. If payment is not made within 3 days we will notify the supplier of the activities who will be entitled to treat your booking as cancelled by you and instruct us to retain any monies paid.
3.6 We reserve the right to alter prices shown on any website and we will inform you of any price changes prior to the issue of the Booking Confirmation.
4. Pricing Policy
Prices quoted to you at the time of your enquiry are correct to the best of our knowledge at that time. We reserve the right to change prices and correct errors in prices and we will inform you of any price changes prior to your activities being confirmed. We will advise you of any change in the price or error of which we are aware at the earliest opportunity before you book.
5. Quote and Website Descriptions
Every care is taken to ensure that all website and quote descriptions are accurate and they are made in good faith. However, errors may occasionally occur. We cannot accept any liability for any errors or omissions except where these have arisen due to our negligence or that of any our employees (as long as they were acting in the course of their employment at the time).
While we provide product images to give a close representation of the product, we reserve the right to use images that may not be of the exact product itself. We reserve the right to make changes to and correct errors in our website and quotes at any time. Images used are for illustration purposes and not necessarily of the actual venue.
6. Changes by you
6.1 Should you wish to make any changes to your confirmed booking you must contact us by email as soon as possible. No change will be made unless confirmed in writing by us and payment of all additional costs incurred by ourselves and any costs or charges incurred or imposed by any of your suppliers are paid by you.
6.2 While we will endeavour to assist, we cannot guarantee that we will be able to meet such request and an amendment fee may be payable together with any other costs incurred by us. We will charge an administration fee of £25 for each change requested. Cancellation charges (as set out in clause 7) may also apply where changes are requested after the date by which final payment is due.
6.3 In some cases the price of your activities depends on the number of people booked. If extra people are added to the booking, the price will be reworked on the basis of the new number of people going and we will send you a new confirmation. You will be required to pay the increased price.
7. Cancellation by you
7.1 Once the booking has been confirmed, should you wish to cancel all or any part of your booking you should advise us immediately in writing. The Organiser has the right, as agent for the remaining members of the group, to cancel the arrangements for all members of the group. Cancellation charges will apply based on the date we receive written notification of cancellation of the whole booking.
7.2 All other monies paid will incur the following cancellation charges: –
No of weeks before the date your activities commence we are notified of cancellation amount you must pay to us:
• (i) More than 6 weeks – we will retain the initial deposit no other costs will be chargeable
• (ii) Less than 6 weeks 100% of the total cost of the activities in question.
Suppliers may need to amend their pricing where any cancellation or change, reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based.
If anyone included within your booking is unable to attend the activities, you may be able to transfer the place on the booking of the person(s) concerned to someone else/other people suggested by you and acceptable to us subject to you writing to us with full details of who cannot or does not want to partake and who you would like to go instead. We must receive this information at least seven days before departure. If the change can be made any amendment and/or any extra costs incurred as a result of the change, must be paid by you or the relevant member of the party. If you cannot fill the place of any person cancelling you may have to pay additional supplements you’re your activities.
8. Changes and Cancellations by us (or an applicable supplier)
Whilst we and your suppliers always endeavour to avoid changes and cancellations, we and they must reserve the right to do so as we occasionally have to make changes to and correct errors in our website and/or documentation or other literature we produce both before and after bookings have been confirmed and supplier(s) may make a change to or cancel confirmed bookings.
All of our arrangements are planned in advance using independent suppliers over whom we have no direct control. The vast majority of changes made by suppliers are minor, for example a change in the starting time of your confirmed activity(ies); a change in the venue at which any activity you have booked is to take place (where the activity itself has not changed)
In extremely rare circumstances suppliers may make a significant change or cancellation to a confirmed booking. If this happens, we will tell you as soon as the supplier makes us aware of the situation. If there is time to do so before departure, we will offer you the choice of the following options:
• (i) Accept the changed activities
• (ii) We will suggest alternative activities of a similar standard to that originally booked which you may choose to book instead
• (iii) Cancel or accept the cancellation in which case we will pass on from the applicable supplier(s)a full refund of all monies you have paid to us relating to the cancelled or amended activity(ies).
Please note the above options are not available where any change made is a minor one.
No liability beyond offering the above mentioned choices can be accepted where changes or cancellations are made as a result of unusual and unforeseeable circumstances beyond our or any applicable suppliers’ control, the consequences of which could not have been avoided even with all due care; or where cancellations are made because the minimum number of persons required to operate the activity(ies) you have booked has not been reached.
No liability will be accepted and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these terms and conditions entitling the supplier to cancel (such as paying on time) or if the change made is a minor one.
9. Weather Conditions
As you will appreciate, we have no control over the weather. Unfortunately, there is always the risk that you may be unable to take part in weather dependent activities due to poor weather. If this occurs, you will not be entitled to change or cancel your activities without paying suppliers’ normal charges. We will assist you to find alternative activities or arrangements but please bear in mind that these may only be available at an additional charge to you.
10. Force Majeure
We shall not be liable to you as a result of any delay or failure to perform our obligations under these terms and conditions if and to the extent such delay or failure is caused by an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, acts of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
11. Limitation Of Our Liability To You
(1) Our agreement with you and the service we provide for you is to source and book activities for you. Your contract(s) are with each applicable supplier of your activity (ies) and their booking conditions govern each contract. As a booking agent, under British law we have no responsibility for the actual provision of the activity(ies) or for the acts or omissions of the supplier(s) concerned or any of its employees, agents, suppliers or subcontractors. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the activity(ies) that we pass on to you in good faith. However, we promise to use all reasonable skill and care in selecting the supplier(s) who are featured on our website. It is your responsibility to show that all reasonable skill and care has not been used if you wish to make a claim against us. Please note: we do not exclude any liability for death or personal injury arising as a result of our negligence or that of our employees providing they were at the time acting within the course of their employment with us.
(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
• the act(s) and/or omission(s) of any person(s) affected or any member(s) of your party; or
• the act(s) and/or omission(s) of a third party not connected with the provision of your activity (ies) and which were unforeseeable or unavoidable; or
• Force Majeure
(3) Please note we cannot accept responsibility for any services which do not form part of your Provisions. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you that we have not booked for you and any arrangements you purchase whilst away. In addition, regardless of any wording used by us on our website, in any of our quotes or elsewhere, we only promise to use all reasonable skill and care as set out above and we do not have any greater or different liability to you.
(4) We limit the maximum amount we may have to pay you for any claims you may make against us. For all claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the value of the element of the booking that has been affected (excluding insurance premiums and amendment charges).
(5) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of our agreement with you or other fault by ourselves or our employees. Additionally, we cannot accept liability for any business losses.
(6) Some of the activities and events we offer are by their nature inherently dangerous. By participating in these you assume the inherent risks involved. We cannot be responsible for any injury or loss suffered by you other than as expressly set out in these terms and conditions. You must ensure you have personal travel insurance which covers such activities and events – see clause 11.
It is your responsibility to make sure you take out adequate and appropriate personal insurance for your protection. We cannot be held responsible for any costs you incur as a result of failing to have suitable insurance in place. Such insurance should cover the cost of cancellation by you and/or any member of your party and the cost of assistance, in the event of illness or accident.
You must ensure that the policy you purchase is suitable for your confirmed activities including any hazardous activities. Many policies do not cover such activities so you must check the small print before purchasing and if in doubt, check with the insurers that you will be covered. You must also ensure that your insurance covers participation in any hazardous activities which do not form part of your activities.
You must be responsible for the behaviour of yourself and all members of the group, for the duration of the booking process and the event itself. We can refuse to accept you as a customer or refuse to continue dealing with you and/or any other member of your party by terminating your arrangements if behaviour is or is likely to be, in our reasonable opinion, or in the reasonable opinion of any accommodation supplier or other person in authority, disruptive, upsetting or dangerous to yourself or anyone else or if you or any member of your party have caused or are likely to cause damage to property. We will not pay any refund, compensation or other sum whatsoever or any costs or expenses incurred by you if we have to terminate your arrangements due to such unacceptable behaviour. In this situation we will then have no further responsibility for you or any other member of your party (including any return travel arrangements).
You agree to ensure that all members of the group comply with all timetables of the events. Failure to keep to the timetables may result in either discontinuation of the event or cancellation of the said event. We will not be liable for any refund, compensation or any costs that may be incurred by you.
You agree to ensure that all members of the party act at all times in a safe responsible manner and comply with all safety procedures, listen and be present at all safety and information briefings which are relevant to the activities booked, 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(s) and observe and obey all laws, requests, conditions of use and other requirements of any supplier(s), including accommodation and entertainment venues.
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 is strictly forbidden. If you or any member of your party have, in the reasonable opinion of any supplier(s), been using drink or drugs or fail to act in a safe responsible manner, they reserve the right to cancel your participation forthwith. In this event we will not be liable to pay you any refund, compensation or any costs / expenses incurred by you.
Some of the events of activities you may book are strenuous and require a good level of strength, fitness and endurance. It is your responsibility to ensure that you and your group members have the levels of health and fitness required for any particularly strenuous activities. Many events are not recommended for those with any disability, illness or infirmity.
You must provide us with full details of any existing medical or physical problem (including unusual height or weight) or disability that may apply to any member of your group and which affect your activities (including, in particular, any accommodation requirements) before you make the booking. If in our reasonable opinion, your chosen activities are not suitable for the medical or physical problem or disability or you are not traveling with someone who can provide all assistance that may be required, we have the right to refuse to accept the booking or you may not be able to participate in certain events in which event we shall not be liable for any losses or compensation arising. If you do not give us full details of any medical or physical problem or disability at the time of booking, we can also cancel the booking when we find out the full details if in our reasonable opinion the activities are not suitable in the circumstances. If we cancel in this situation, monies paid towards the event will be non-refundable and cancellation charges may have to be paid by the person concerned.
Please note that some of the Provisions we feature are inherently dangerous and by booking these Arrangements you accept the inherent risks.
15. Special Requests
If you or any of your group have any special request, you must advise us in writing before making the booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless any supplier has specifically confirmed this. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
16. Complaints procedure
If you make a complaint whilst on the booking, you must bring it to the attention of any supplier or accommodation provider immediately. They will do their best to rectify the situation.
If your complaint is not resolved by the supplier, or if you wish to make a formal complaint about the service you have received from us, please send your comments in writing within seven days of your return home, via an email to firstname.lastname@example.org. Please give your booking reference and all other relevant information, keeping your account concise and to the point in order to assist us to quickly identify your concerns and speed up our response to you. Our After Care team will investigate the issues raised and will endeavour to respond within 14 days of receipt and resolve any issues raised within 28 days.
At it is difficult and sometimes impossible to properly investigate a complaint if suppliers/we are not told about it reasonably quickly, any compensation you may have been able to claim could be reduced or even lost altogether if you do not follow the complaints procedure set out in this clause. Any acceptance of liability by us is however subject to clause 10.
In the unlikely event that you have to pay for an activity or for entrance to a venue booked through us where you had already paid through us for this activity then you must collect a receipt and send it to us in order for us to reimburse those costs. Any claims for compensation must be received within three months of the departure date for them to be considered.
17. Email Opt In
By signing up to the website, you accept that you wish to receive e-mail communication from your designated event Organiser and Brighton Holiday Homes Ltd. These could be e-mails with regards to promotions, offers and information about your own event. If at any time you wish to unsubscribe from these e-mails you can do so on any of our e-mails.
18. Data Protection
Information about you and members of your party, including your names, contact details and any special needs, disabilities or dietary requirements is collected by us when you request information or make a booking with us. We may disclose this information to our service providers for the purpose of providing you with your arrangements. Only information necessary for this purpose will be disclosed to them. From time to time we may contact you by email or SMS with information about special offers or packages. If you do not wish to receive such information, please notify us.
This contract and all matters arising out of it are governed by United Kingdom law. We both agree that any dispute arising out of or connected with your booking will be dealt with by the courts of the United Kingdom.