TERMS & CONDITIONS

 

Booking Conditions
These Booking Conditions, together with our privacy policy, and any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Be Performance, 83 Yiewsley Crescent, Swindon, SN3 4LX (‘we’ or ‘us’). Please read them carefully as they set out your respective rights and obligations. All the events on our publications or website are operated by Be Performance. References to ‘you’ and ‘your’ include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is transferred.


By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
He/she has read these terms and conditions and has the authority to and does agree to be bound by them;
He/she is over 18 years of age and resident in the United Kingdom and, where placing an order for services with age restrictions, declares that he/she and all members of the party are of the appropriate age to purchase those services.

 

1. MAKING A BOOKING AND PAYING FOR YOUR EVENT
When you confirm your booking you must pay the full payment. If the arrangements you wish to book are available we will issue a Booking Confirmation email and send this to you. A binding contract will come into existence between you and us as soon as we have issued you with this Booking Confirmation email.

 

Deposits, unless stated, are non-refundable.
 

If we do not receive all payments in full and on time, we reserve the right to treat your booking as cancelled by you. If we do fail financially, any money held at that time by Be Performance is and continues to be held on trust without any obligation to pay that money to any creditors. Money will be returned to customers.
 

In the case of international payments you must ensure that the full GBP Sterling amount is received by us after all bank charges have been levied.

2. THE PRICE OF YOUR EVENT
Once an event has been purchased and the Booking Confirmation email has been sent, your event is booked and the prices will not change unless stated.

3. CUTTING THE EVENT SHORT
If you are forced to return home early or leave the event for any reason, we cannot refund the cost of any services you have not used.

 

4. IF YOU CANCEL
Once booked and paid for the customer can receive the following:
•    A full refund if the cancellation is made with 14 days notice from the event date
•    A refund minus the sated deposit will be refunded for cancellations made with less than 14 days notice
•    No allowance or refund can be made for items that are extra to the cost of the event as hosted by Be Performance, including but not limited to, additionally booked food and accommodation.

5. ALTERATIONS AND CANCELLATIONS BY US
Occasionally, we may have to make changes to and cancel the event and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. 

 

Examples of changes include, but are not limited to, a change of location from outdoors to indoors for activities or vice versa.


If we have to make a major change or cancel, we will tell you as soon as possible and you will be entitled to a refund in the event of a cancellation.
 

We regret that we cannot meet any additional expenses or losses you may incur as a result of a change or cancellation.

6. DEALING WITH COMPLAINTS
Be Performance will make every effort to make your event as enjoyable and trouble free as possible. Most problems can be sorted out straight away if we know about them. If you have a complaint, you must advise our representatives straight away and the supplier of the service(s) in question. Any verbal notification must be confirmed in writing as soon as possible.

7. BEHAVIOUR
You must not behave in a way which may cause distress or annoyance to others. If, in the opinion of ourselves or other persons in authority, you are behaving in such a way as to cause danger, distress or annoyance to others or damage to property, your attendance on the event may be terminated by either ourselves or the supplier concerned. In this situation, our liability to you and/or your party will cease and you and/or your party will be required to leave the service immediately. We will not be responsible for making any refunds, paying any compensation or meeting any costs or expenses you incur as a result. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the relevant manager or supplier. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

 

8. FORCE MAJEURE
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to, war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control.

9. OUR RESPONSIBILITY FOR YOUR EVENT
(1) We will accept responsibility for the arrangements we agree to provide or arrange for you. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

 

(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
(a) the act(s) and/or omission(s) of the person(s) affected;

 

(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
 

(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
 

(d) an event which either ourselves, our employees, agents or suppliers and subcontractors could not, even with all due care, have foreseen or forestalled.

10. SPECIAL REQUESTS
Any special requests must be advised to us at the time of booking. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. We will inform the relevant supplier of such requests. The fact that a special request has been noted on your booking or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.

 

11. DISABILITIES AND MEDICAL PROBLEMS
We are not a specialist disabled events company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your event, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in the event. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

12. PERSONAL ACCIDENT INSURANCE
Since events involve activities that may assume a level of risk, we encourage you to purchase appropriate insurance to cover you in the event of a personal accident.

13. COVID-19 CANCELLATION POLICY
In the event that travel restrictions/bans are imposed on us by the British Government and we have to cancel the trip you will be issued with a full refund.