44Our terms

1. These terms

1.1 What these terms cover. These are the terms and conditions on which we supply our products to you, which is our Escape Room experience.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information about us and how to contact us

2.1 Who we are. We are Clue Capers Limited a company registered in England and Wales. Our company registration number is 09867260 and our address is Upper Floors, 1 The Broadway, Winchester SO23 9BE. Our registered VAT number is 259 5662 60.

2.2 How to contact us. You can contact us by telephoning our customer service team at 01962 870793 or by writing to us at escape@cluecapers.co.uk or Upper Floors, 1 The Broadway, Winchester SO23 9BE.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 “Writing”: includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

2.5 “Booking”: means the period during which Clue capers Limited has agreed to supply the Product to you.

2.6 “Product”: means our services of providing an Escape Room experience.

2.7 “Players”: means people taking part in the Booking pursuant to your Order.

3. Our contract with you

3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to provide the service on the date you have specified.

3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 If you arrive late to your booking. You and your players are required to arrive ten minutes before your booking time.  If you and any of your players arrive more than five minutes after your booked time, then [insert name] serves the right to reduce the game by one minute for every minute late that the game starts.  No refunds will be payable in respect of the reduced game time.

3.5 Players. You as the person placing the order are responsible for the players’ behaviour and compliance with these terms and conditions of all the players attending pursuant to the booking.  All children under the age of fifteen must be accompanied by a full paying adult over the age of eighteen.  Adults are responsible for the behaviour of the children whilst taking part in the booking.

4. Your rights to make changes

4.1 If you wish to change the date of your booking, you must contact us at least three working days before the date of the original booking. Any new booking date must take place within one month of the original booking date.  We will let you know if the change is possible.  Once the booking has changed, our usual cancellation policy as set out in these terms and conditions will apply.

4.2 If you wish to make a change to the date of your booking, then please contact us. Any new booking date must take place within one month of the original booking date.  If you contact us with less than three working days’ notice, we will let you know if the change is possible.  If the change is possible, you will incur an administration charge of £25.00 including VAT.  That payment would need to be made before we could confirm any change.  Once the booking has changed, our usual cancellation policy as set out in these terms and conditions will apply.

4.3 If you wish to include additional players to the booking, then please contact us. We will let you know if the change is possible.  We will also let you know about any changes to the price of the product.

4.4 If you wish to reduce the number of players in your booking, such a request can be made up to two working days before the date of the booking. We will let you know about any changes to the price of the product and provide for a refund, which will be subject to a deduction of an administration charge of £5.00 including VAT.

4.5 If you wish to reduce the number of players in your booking and provide us with less than three working days’ notice, then we will amend your booking, but no refund will be payable to you.

5. Providing the products

5.1       When we will provide the products. During the order process we will let you know when we will provide the products to you.  We will begin the services on the date agreed with you during the order process.  The completion date for the Services is as told to you during the order process.

5.2       We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

5.3 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes;

(b) update the product to reflect changes in relevant laws and regulatory requirements.

5.4 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than one week in any month we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than two weeks and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

6. Your rights to end the contract

6.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 9;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2;

(c) If you have just changed your mind about the product, see clause 6.3;

(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.7.

6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;

(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than two weeks; or

(d) you have a legal right to end the contract because of something we have done wrong.

6.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. However, as our products are for the supply of services related to leisure activities, booked on a specific date, the 14 day cooling-off period does not apply and you do not have the right to change your mind.

6.4 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 6.3), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) £5 as compensation for the net costs we will incur as a result of your ending the contract

7. How to end the contract with us  

7.1   Tell us you want to end the contract. To end the contract with us, please let us know by doing by phone or email. Call customer services on 01962 870793 or email us at escape@cluecapers.co.uk. Please provide your name, details of the order and, where available, your phone number and email address.

7.2 How we will refund you. We will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described in Clause 7.3.

7.3 You must compensate us if you end the contract We will refund any money you have paid in advance for products we have not provided but we may deduct or charge you £5 or a percentage of the price calculated as per table below depending on the date on which we end the contract, as compensation for the net costs we will incur as a result of your breaking the contract.

Days to agreed service date

Charge deducted from refund

21 or more

£5

7-20 days

25%

2-7 days

50%

Less than 2 days

100%

8. Our rights to end the contract

8.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 2 days of us reminding you that payment is due;

8.2 We may end the contract if you break it. We may end the contract for a product on the day and during the booking without notice to you if:

(a) You and any of your players arrive more than fifteen minutes late.

(b) You and any of your players are under the influence of alcohol or drugs.

(c) Misbehaviour during a game, included but not limited to, damage to property.

(d) Abusive behaviour and comments towards our staff or other customers.

(e) If any of the players are a child under the age of fourteen and they are not accompanied and actively supervised by an adult over the age of eighteen.

8.3 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.2, we will not refund any money you have paid in advance for the products we have not provided.  In addition you will pay us the costs of any damage to property and other costs incurred as a result of you breaking the contract.

8.4 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you £5 or a percentage of the price calculated as per table below depending on the date on which we end the contract, as compensation for the net costs we will incur as a result of your breaking the contract.

Days to agreed service date

Charge deducted from refund

21 or more

£5

7-20 days

25%

2-7 days

50%

Less than 2 days

100%

8.5 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least one month in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

9. If there is a problem with the product

9.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 01962 870793 or write to us at escape@cluecapers.co.uk or Upper Floors, 1 The Broadway, Winchester SO23 9BE. Alternatively, please speak to one of our staff on-site.

9.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is services, for example a support contract for a laptop or tickets to a concert, the Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

10. Price and payment

10.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.

10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

10.4 When you must pay and how you must pay. We accept payment with Visa, Mastercard and American Express. When you must pay depends on what product you are buying and how you ordered. You must make payment in accordance with the payment requirements detailed in our order acceptance email referred to in paragraph 3.1.

10.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Barclays Bank Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

10.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date

11. Our responsibility for loss or damage suffered by you

11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 9.2.

11.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12. How we may use your personal information

12.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Policy.

13. Other important terms

13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

13.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

13.3 Nobody else has any rights under this contract This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

14  Gift Vouchers

14.1     You have the right to cancel the purchase of a gift voucher within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of purchase of the gift voucher. To exercise the right to cancel, you must inform [insert details here] of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel the gift voucher within the cancellation period, we will reimburse to you payment received from you. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel the gift voucher. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.