1. Interpretation
1.1 In these Terms:
Activity means any activities booked by You through Bling My Bits, including but not limited to events, classes, transport, accommodation, drinks and meals;
Bling My Bits means Bling My Bits Ltd, a private company limited by shares incorporated and registered in Scotland with company number SC727651 e-mail address blingmybits@@gmail.com
Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks in Scotland are generally open for business;
Force Majeure means an event beyond the reasonable control of Bling My Bits including strikes, lock-outs or other industrial disputes (whether involving the workforce of Bling My Bits or any other party), failure of a utility service or transport network, act 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;
Instructor means any person providing instruction and/or assistance in relation to an Activity on behalf of Bling My Bits and/or as instructed by Bling My Bits;
Lead Contact means the person making the booking on Your behalf and who will be the main point of contact for Bling My Bits;
Terms means the terms and conditions set out in this document;
You, Your or Group means all persons named on the booking with Bling My Bits, including the Lead Contact and any persons added or substituted at any date;
1.2 a reference to a party includes its successors or permitted assigns;
1.3 a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
1.4 words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders;
1.5 the words including, include and in particular shall be construed as being by way of illustration or emphasis only and shall not be construed as, nor shall they take effect as, limiting the generality of any preceding words; and
1.6 in writing will include by email or letter.
2. Booking
2.1 Please ensure that You read these Terms carefully.
2.2 The Lead Contact will pay Bling My Bits a deposit of £50 to hold Your booking. Once Your Lead Contact has paid this deposit the Lead Contact will receive a confirmation email from Bling My Bits at which point these Terms will become binding.
2.3 The Lead Contact will have four (4) weeks following the payment of the Deposit to pay a non-transferable deposit of £25 per person in the Group.
2.4 The confirmation email sent as per Clause 2.2 will state the total price of Your Activity, the balance due and the balance due date. The balance must be paid no less than four (4) weeks prior to the start of Your Activity. If You are booking within four (4) weeks of the start date of Your Activity, You must pay the full cost of Your Activity when You book. In each case, should the balance not be received by Bling My Bits on time, Bling My Bits may treat the booking as cancelled and the £50 deposit and the £25 deposits, together with any other payments made, shall be non-refundable. Payments can be made via the Bling My Bits website.
2.5 You acknowledge and agree that the Lead Contact has the authority to deal with Bling My Bits on Your behalf. If for any reason there is a change in the Lead Contact, You shall promptly notify Bling My Bits in writing. The Lead Contact is liable for payment of the sums due under these Terms and is therefore responsible for collecting all monies and making payments by the due date(s). The Lead Contact shall be authorised to make the booking on the basis of these Terms by all persons in the Group. Bling My Bits can only accept bookings if the Lead Contact and each member of the Group is a minimum of eighteen (18) years old.
2.6 Upon receipt of Bling My Bits confirmation email together with any accompanying documents, You will check them carefully and the Lead Contact shall notify Bling My Bits immediately if any information appearing on the confirmation or any accompanying document appears to be inaccurate or incomplete, failing which You shall be responsible for paying any costs associated with rectifying any errors or omissions.
3. Changes To Terms
3.1 Bling My Bits may revise these Terms from time to time. If Bling My Bits revises these Terms, Bling My Bits will give You written notice of any changes to these Terms before they take effect and You can choose to cancel Your booking in accordance with Clause 4.
4. Cancellation
4.1 You may cancel a booking at any time before the proposed date of the Activity by contacting Bling My Bits. Bling My Bits will confirm Your cancellation in writing to You.
4.2 If You cancel a booking under paragraph 4.1 and Bling My Bits has already carried out work or incurred non-cancellable costs in relation to Your booking, You will pay such amount to Bling My Bits. This amount shall be deducted from any refund that is due to You or, if no refund is due to You, invoiced to You. Such invoice will be payable by You within thirty (30) days of the date of the invoice.
5. Alterations
5.1 Whilst Bling My Bits will use reasonable endeavours not to alter Your Activity, Bling My Bits shall be entitled to make minor (in Bling My Bits sole opinion, acting reasonably and in good faith) alternations to Your Activity by providing written notice to You as soon as reasonably practicable. If Bling My Bits (acting reasonably and in good faith) considers an alteration to be significant, You shall have the following options:
5.1.1 accept the alteration to Your Activity; or
5.1.2 cancel Your booking and receive a full refund, including the £50 deposit and £25 deposits.
5.2 Bling My Bits shall not be liable or responsible for any cancellation of a booking or delay of the proposed date of an Activity that is caused by reasons of Force Majeure.
5.3 Bling My Bits shall try to accommodate any reasonable changes You wish to make to Your Activity. Alterations and amendment requests should be made directly to Bling My Bits, and these changes shall not be deemed accepted until Bling My Bits has confirmed in writing to You.
5.4 Where the price of your Activity depends on the number of people booked and extra people are added to the booking, the price will be reworked on the basis of the new number of people going and Bling My Bits will send the Lead Contact a new confirmation email and the increased price will be payable in accordance with Clause 2.
6. Safety
6.1 You acknowledge that Bling My Bits is not responsible for ensuring Your ability to participate in an Activity. You acknowledge that You undertake an Activity at Your own risk and volition.
6.2 Some of Activities may require a good level of fitness, strength and endurance. It is Your responsibility to ensure that You have the appropriate level.
6.3 You agree to act at all times during an Activity in a safe responsible manner and to comply with all safety procedures and instructions from Bling My Bits and/or an Instructor.
6.4 You shall inform Bling My Bits if You are pregnant, have any dietary requirements or are suffering from any medical condition, illness, allergy or disability as soon as possible following the receipt of the confirmation email for Your Activity, as referred to in Clause 2.2.
6.5 Bling My Bits at its sole discretion reserves the right to disallow You from participating, or continuing to participate, in an Activity if:
6.5.1 Your health is being adversely affected during the Activity;
6.5.2 You fail to follow any instructions, guidance and/or decisions of Bling My Bits, or any Instructor, during the Activity;
6.5.3 Bling My Bits deems You to be under the influence of illicit drugs;
6.5.4 Bling My Bits deems Your behaviour to be unsuitable, discourteous, irresponsible and/or to the detriment of any other participants in the Activity, Bling My Bits or any Instructor;
6.5.5 You arrive unreasonably late to the Activity.
6.6 No refund of any Cost and no compensation shall be payable to You in the event that You are not permitted to, or decide not to, participate or continue to participate in an Activity for the reasons set out in Clause 6.5.
7. Liability
7.1 Nothing in these Terms shall limit or exclude Bling My Bits liability for:
7.1.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
7.1.2 fraud or fraudulent misrepresentation; or
7.1.3 any other liability which cannot be limited or excluded by applicable law.
7.2 If Bling My Bits fails to comply with these Terms, Bling My Bits is responsible for loss or damage You suffer that is a foreseeable result of Bling My Bits breach of the Terms or its negligence, but Bling My Bits is not responsible for any loss or damage that:
7.2.1 is not foreseeable (loss or damage is foreseeable if they were an obvious consequence of Bling My Bits breach or if they were contemplated by You and Bling My Bits at the time the parties entered into these Terms);
7.2.2 is indirect or consequential;
7.2.3 results from the act(s) or omission(s) of You or any member of Your Group; or
7.2.4 results from Force Majeure.
7.3 Subject to Clauses 7.1, Bling My Bits total liability to You, whether in contract delict (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the amount payable by You for the relevant Activity.
7.4 Bling My Bits is not responsible for any services which do not form part of Your Activity, including but not limited to any additional services or facilities which Your hotel or any other supplier agrees to provide for You that Bling My Bits has not booked for You.
You shall be pay Bling My Bits a sum equal to any loss or damage suffered or incurred by Bling My Bits as a result of any claim made against Bling My Bits arising out of or in connection with Your acts or omissions during an Activity, including but not limited to any legal costs, loss of profit, penalties and all other reasonable costs and expenses.
8. Contact
8.1 If You have any questions or if You have any complaints, please contact Bling My Bits by e-mail (blingmybits@gmail.com).
8.2 If You wish to contact Bling My Bits in writing, or if any Clause in these Terms requires You to give Bling My Bits notice in writing, You can send this to Bling My Bits by e-mail.
9. Contact
9.1 Bling My Bits may transfer its rights and obligations under these Terms to another organisation. Bling My Bits will notify You in writing if this happens and this shall not affect Your rights or Bling My Bits obligations under these Terms.
9.2 These Terms are between You and Bling My Bits. Unless specifically stated otherwise, no other person shall have any rights to enforce any of its terms.
9.3 Each of the Clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining Clauses shall remain in full force and effect.
9.4 If Bling My Bits fails to insist that You perform any of Your obligations under these Terms, or if Bling any Bits does not enforce its rights against You, or if Bling My Bits delays in doing so, that will not mean that Bling My Bits has waived its rights against You and will not mean that You do not have to comply with those obligations. If Bling any Bits does waive a default by You, Bling My Bits will only do so in writing and that will not mean that Bling My Bits will automatically waive any later default by You.
9.5 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland.