TARKA EVENTS AND BIRTHDAYS T&Cs
TARKA TERMS & CONDITIONS FOR THE PROVISION OF EVENTS
DEFINITIONS AND INTERPRETATION
In these Terms and Conditions for Provision of Services (“Terms”):
“Booking Form” means the form relating to the booking of the Child for an Event as set out at the booking stage of the website or email correspondence confirming the booking of the Event.
“Carer” means the person who attends the class with the Participant and is responsible for their welfare.
“Child” means any child attending or who is booked in to a TARKA Event whose details are specified by You, the child’s Parent or Carer on the Booking Form.
“Contract” means the agreement between the Client and TARKA for the supply of the Services and consisting of the documents referred to in clause 1.5 below.
“Event” means a one-off event with an agreed number of attendees as set out in the Booking Form, either a Birthday party or other private event, be it in TARKA premises or off-site.
“Event Location” means the location of the Event as set out in the Order Form
“Instructor” means an individual engaged by TARKA to lead or help an Event.
“Price” means the value chargeable for the Event as set out in the Booking Form or negotiated with the TARKA team and any third-party expenses reasonably incurred by TARKA for the purposes of the Event.
“Services” means the services agreed to be provided by TARKA at any Event as set out in the Booking Form
“TARKA” means TARKA Group Limited (company number: 09890129) whose registered office is at 20-22 Wenlock Road, London N1 7GU, and is the company with whom you have entered into this contract in respect of the provision of an Event.
“Terms & Conditions” means the terms and conditions set out in this document and any special terms and conditions agreed in writing by TARKA and You.
“You” means the person engaging TARKA to perform the Services, as named in the Booking Form (and “Your” shall be construed accordingly).
“Website” means the website www.tarkalondon.com
1.1 All agreements and issues relating to the Event provision by TARKA to You and the on- going communication with Instructors, staff and/or TARKA head office are subject to these Terms & Conditions to the exclusion of all others.
1.2 No variation or addition to the Terms & Conditions shall be binding unless agreed in writing by TARKA and You.
1.3 These Terms & Conditions shall be deemed to be accepted by You once the box is ticked on the Booking Form and confirmation of payment of Fees has been received by TARKA.
1.4 Clause headings shall be ignored in interpretation; the singular includes the plural and vice versa.
1.5 Any provision of these Terms which is invalid or unenforceable for any purpose shall be removed from these Terms for that purpose but shall otherwise remain valid and enforceable and shall not affect the validity of the remainder of the Contract.
1.6 Payments will be deemed made to TARKA when they have been credited to TARKA’s account in cleared funds.
1.7 The Contract comprises these Terms, the Booking Form and any Child Information Form.
1.8 If there is any inconsistency, the order of priority of the Contract documents shall be (i) Booking Form (ii) Terms & Conditions (iii) Vital Info Form; variations of the Contract are effective only if agreed in writing by authorised representatives of the parties and will then prevail over these Terms.
2 FORMATION OF CONTRACT AND RIGHTS TO VARY OR CANCEL
2.1 Booking Forms shall not be deemed accepted by TARKA until acknowledged in writing by
2.2 No representations made by TARKA employees will apply to the Contract unless they are confirmed in writing. In entering into the Contract You acknowledge that You have not relied on any such representations unless they have been confirmed in writing.
2.3 You are responsible for ensuring the accuracy of the Booking Form submitted and for giving TARKA any necessary information within a sufficient time to enable TARKA to perform the Contract.
2.4 TARKA reserves the right to make any changes to Services if necessary to comply with any applicable law, regulation or safety requirement and to vary the Price by a fair and reasonable amount to take account of the variation. TARKA will inform You of any such variation and of its effect, if any, on the Price, as soon as reasonably practicable.
2.5 You may cancel a Contract for an Event by notice in writing to TARKA. Subject to clause 2.7, if You cancel:
2.5.1. within fourteen (14) days before the Event, You must pay the Price in full;
2.5.2. more than fourteen (14) days but within sixty (60) days before the Event, You must pay twenty-five per cent (25%) of the Price;
2.5.3. more than sixty (60) days before the Event, TARKA may charge You any reasonable and non- refundable costs incurred by TARKA (such as non-refundable Event location fees or other booking fees or deposits).
2.6. If You are engaging TARKA for non-business-related purposes and TARKA have not met you in person, the Consumer Protection (Distance Selling) Regulations 2000 apply; this means you have the right to cancel the Contract within seven working days of receiving TARKA’s signature of written acknowledgement of the Booking Form or by email confirmation. You can cancel your instructions by contacting us by post, fax or by email.
2.7 If TARKA cancels the Contract other than pursuant to Clause 10, it will repay all monies received from You.
2.8 If You wish to make an amendment to the Booking Form you should request the amendment in writing and TARKA will within a reasonable time let You know:
2.8.1 whether it considers such amendment is reasonably practicable in all the circumstances; and if so
2.8.2 whether it affects the Price or any other terms or requirements relating to the Services.
2.9 If TARKA considers in its discretion that any amendment would jeopardise the safety of any Child or is otherwise unsuitable for any other reason it may refuse to accept such amendment and You may in that event cancel the Contract pursuant to the cancellation clauses above.
2.10 On receipt of the information from TARKA about amendments You shall have a reasonable period to confirm Your agreement to the change to the Booking Form and the Price. TARKA may delay performance of the Services or any part of them until it has received your written confirmation that You wish either to proceed or not to proceed with the amendments in question.
3.1 If TARKA gives You a quotation, we may withdraw or modify that quotation at any time
before you submit a Booking Form. All quotations lapse thirty (30) days after issue.
3.2 You shall pay the Price as set out in the Booking Form and if the Price is not set out in the Booking Form such Price as TARKA shall charge in accordance with its assessment of a reasonable Price for the Event.
3.3 All prices are exclusive of Value Added Tax and any other sales tax or excise duties.
3.4 TARKA reserves the right to increase the Price before any Event to reflect any change requested by You as to the date of the Event, to numbers of attendees or to any specifications for the Services, or to take account of any delay caused by You or any failure by You to perform Your obligations in these Terms or by Your failure to give TARKA adequate information or instructions.
4. PAYMENT TERMS
4.1 Unless otherwise stated in the Booking Form, You must pay the Price in full within thirty (30) days of the date of the invoice.
4.2 You may not make any withholding, deduction, set-off, counterclaim or cross demand against an invoice other than in respect of a genuine dispute that You have brought to our attention in writing (with reasonable details) before the due date for payment. In that case You will pay the full amount not in dispute.
4.3 Time of payment is of the essence of every Contract.
4.4 If You are engaging us for business-related purposes, TARKA may (without limiting its remedies) charge You for TARKA’s costs of collection and (as well after as before judgment) a sum equal to any loss suffered by TARKA arising from such delay as well as interest on such sum and on the amount overdue at the same rate as would apply were the debt a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998 calculated from the date payment fell due until the date of actual payment (or such lesser amount as is the maximum rate permissible by law) and TARKA may cancel the Contract and any other contracts with You.
4.5 If You fail to pay the Price (or any instalment of the Price) when due TARKA may suspend the Services (including delaying planning for the Event and purchasing of any goods or services required for the Event). If such delay causes a delay in the date of or cancellation of the Event, You shall remain liable to pay the Price and the time for performance of the Services will be extended to take account of the delay. In any event You shall pay TARKA any increased costs incurred by TARKA as a result of such delay and TARKA may alter its payment and credit terms under the Contract as it considers appropriate.
5. PROVISION OF SERVICES
5.1 TARKA shall use all reasonable endeavours to provide the Services in accordance with
the Contract and shall perform the Services with all reasonable skill, care and diligence. 5.2 TARKA shall:
5.2.1 ensure that all staff engaged in the provision of the Services have been interviewed by TARKA and have a valid and up to date Disclosure and Barring Service check;
5.2.2 use reasonable endeavours to ensure all staff are suitably qualified and trained to carry out the Services;
5.2.3 comply with all legislation regarding the Services and shall maintain a sensible ratio of adults to children for the Event in question.
5.3 If You are providing the Event Location, You shall:
5.3.1 grant TARKA all reasonable access to the Event Location at times reasonably requested by TARKA to enable TARKA to assess the suitability of the Event Location and to prepare for and perform the Services;
5.3.2 ensure that the Event Location fully complies with the descriptions and terms set out in the Booking Form and are suitable and safe for the purposes of the Event; and
5.3.3 advise TARKA without delay of any changes to the Event Location prior to the date of the Event.
5.4 If in TARKA’s reasonable opinion the Event Location requested or provided by You is not suitable for the Event in question for any reason, it may require an alternative Event Location
to be provided at Your expense or it may cancel the Contract by notice in writing to You (and in that event it shall repay all monies paid by You other than non-refundable booking fees or deposits paid to third parties incurred by TARKA in relation to the Services).
6 SAFETY AND SECURITY OF CHILDREN ATTENDING EVENTS
6.1 You shall ensure that TARKA receives with the Booking Form a completed Child Information Form in respect of each Child attending any Event and TARKA reserves the right to refuse or restrict access to any such Event to any Child for whom a completed Child Information Form has not been provided. You shall immediately inform TARKA of any changes to the information in the Child Information Form or of any additional relevant information (including details of allergies, illnesses, medical conditions or other specific requirements relating to the Child) of which you become aware after submission of the original Child Information Form.
6.3 You will arrange prompt collection of the children attending any Event at the time notified to you and TARKA may charge You for its reasonable costs (including without limitation staff costs and travel expenses) related to supervising the Child after the time notified to you.
6.4 It is Your responsibility to ensure the Child and all children attending an Event are appropriately supervised at all times when not taking direct part in TARKA activities. TARKA may charge You for the costs of any damage to property of any person caused by Your breach of this clause.
6.5 You shall comply, and shall ensure that the Child (and, in the case of an Event, all children attending the Event) complies with all reasonable instructions from TARKA’s employees to ensure the safety of all attendees and other persons present and any other requirements. TARKA may suspend the Event or a Child’s participation in the Event if You are in breach of this clause (and shall remain entitled to the Price in such circumstances).
6.6 You shall ensure that TARKA has up to date and accurate contact details for You (and, if You are engaging TARKA for business-related purposes, up to date and accurate contact details for an appropriate authorised representative of Your organisation) at all times during the Contract.
6.7 You acknowledge and agree that TARKA may take video and photographic footage of Children attending any Event and that appropriate footage which does not compromise the safety or security of any Child may be used by TARKA for the purposes of promotion and marketing.
6.8 You acknowledge and agree that TARKA’s employees may administer basic first aid (including paracetamol, plasters and antiseptic cream) and in extremis emergency first aid in line with annual paediatric first aid training undertaken by TARKA staff to the Child or to children attending an Event. You shall inform TARKA not later than 24 hours prior to the Event of any allergies or other medical conditions not specified in the Child information Form which may affect the Child’s ability to participate in any Event or of which TARKA ought reasonably to be aware.
6.9 If the behaviour of the Child at an Event is in TARKA’s opinion unacceptable for any reason, or if in TARKA’s reasonable opinion it is not appropriate for the Child to continue the Event for any reason (whether by reason of illness, injury or otherwise at TARKA’s discretion), You shall at TARKA’s request promptly collect the Child from the Event location or ensure there is an appropriate space for them to remain until collection. TARKA may exclude the Child from any activities until he or she has been collected if in TARKA’s opinion such exclusion is
necessary or for the safety of the Child or any other child or is otherwise in the Child’s best interests.
6.10 If the behaviour of any child attending an event is in TARKA’s opinion unacceptable for any reason, You will at TARKA’s request remove or procure the removal of the child in question and TARKA may suspend the Event without liability until the child in question has been removed.
6.11 The Price shall remain payable in full in any of the circumstances described in clauses 6.9 and 6.10. In addition, if You (or Your authorised representative) are un-contactable for more than two (2) hours You will pay TARKA’s reasonable costs (including without limitation staff costs and travel expenses) related to caring for the Child.
7 DATA PROTECTION
7.1 TARKA shall process all personal data relating to You and the Child and other individuals
in accordance with the Data Protection Act 1998 (“the Act”).
7.2 You hereby consent to the processing of any personal data (including Sensitive Data as defined in the Act) relating to the Child for the purposes required for the performance of the Services in accordance with these Terms. In particular, but without limitation, You consent to the processing (including gathering, storing and use) by TARKA and third parties engaged by TARKA in the performance of the Services of medical details relating to the Child for the purposes of protecting the health and safety of the Child at any Event.
7.3 TARKA will take appropriate measures to prevent the unauthorised use or processing, or the loss or destruction of, any personal data You provide to us. We may use personal data which You provide or which we hold about You or any Child for the purposes of performing the Services and to keep You informed about other services and products provided by us and selected third parties (but TARKA will not disclose personal data about You or any Child to any third party except as necessary for the performance of the Services or to comply with overriding statutory obligations).
7.4 If You are engaging TARKA for business-related purposes, You warrant that any personal data which You provide to us, whether relating to You or to the Child or otherwise, may be processed by TARKA for the purposes of performance of the Services and You undertake to indemnify us against any cost, claim, damage or expense which we incur in relation to any claim by a data subject (as defined in the Act) that such processing was in contravention of their statutory rights, except to the extent if any that such claim relates to any breach by us of this clause 7.4.
8.1 You acknowledge that all risks related to the Event, except for the risk of physical injury to person or damage to property directly caused by TARKA’s negligence, are borne by You and You are advised to insure accordingly. You acknowledge that the Price reflects this balance of risk. Your attention is further drawn to the limitations of TARKA’s liability in clause 9 below.
9 LIMITATIONS OF LIABILITY
9.1 Nothing in these Terms shall limit or exclude any liability of TARKA which may not be limited or excluded by law, including without limitation liability for death or personal injury caused by TARKA’s negligence or for fraud or fraudulent misrepresentation.
9.2 Subject to clause 9.1, TARKA shall have no liability (whether arising under contract, tort or for breach of statutory duty or otherwise) to the extent that such liability would not have arisen but for Your breach of the Contract.
9.3 Subject to clause 9.1, You agree that by entering into the Contract you acknowledge TARKA’s level of expertise and that by participating in the Services the Child may suffer loss or damage to personal belongings. You acknowledge that You have voluntarily assumed the risk of such loss or damage and You therefore waive any claim for such loss or damage against TARKA and/or its employees.
9.4 Subject to clause 9.1, TARKA’s aggregate liability for all claims in relation to the Contract (whether in contract, tort or for breach of statutory duty or otherwise) shall not exceed the Price paid by You.
9.5 Subject to clause 9.1, TARKA shall not be liable for any loss which is or which represents disappointment, injury to feelings, loss of reputation, third party liability, loss of anticipated benefit, loss of profit or management time.
9.6 Subject to clause 9.1, TARKA shall not be liable for any third-party service providers engaged by TARKA as agents on your behalf.
9.7 TARKA shall not be liable for any failure to perform any or all of its obligations under the Contract by reason of any severe weather, fire, flood or other act of God, armed conflict, civil unrest, industrial action, order of public authority, or any cause whatsoever beyond its control. In such circumstances TARKA, without prejudice to the accrued rights and remedies of each party, may terminate the Contract without liability for such termination and shall refund the Price less any non-refundable deposits, booking fees or other charges incurred by it at the date of such termination for the purposes of the Services.
10 TERMINATION OF THE CONTRACT
10.1 TARKA may at any time terminate the Contract forthwith by written notice to You if You fail to pay to TARKA any sum when due or if You fail to comply with any safety requirement or obligation set out in these Terms and do not remedy any breach within a reasonable time of notice from TARKA to do so.
10.2 Either party may terminate the Contract forthwith by written notice to the other if the other party is or is deemed to be, insolvent or steps are taken to:
10.2.1 propose any composition, scheme or arrangement involving the other party and its creditors; or
10.2.2 obtain an administration order or appoint any administrative or other receiver or manager of the party or any of its property or otherwise enforce any security over the party’s property, or repossess its assets; or
10.2.3 file a petition in bankruptcy or to wind up or dissolve the party, or sequestrate its estate or outside England anything corresponding to any of the above occurs.
10.3 If the Contract is terminated, TARKA (without prejudice to its other rights but subject to any relevant mandatory laws) may do any of the following:
10.3.1 declare immediately payable any sums due to it by You, proceed against You for the same and/or damages, and appropriate any payment by You as represents sums due under the Contract;
10.3.2 suspend further performance of any Contract and/or any credit granted to You on any account.
10.4 Termination of the Contract shall not affect the accrued rights of You and TARKA under the Contract.
11.1 You acknowledge that all intellectual property rights in and relating to the Services (including but not limited to trade marks, copyright and design rights) shall remain the sole property of TARKA.
11.2 No previous waiver of any breach of the Contract shall constitute any waiver of any right or remedy.
11.3 The Contract may not be assigned by either party without the written consent of the other party.
11.4 Clauses 1, 2.5, 2.7, 4.4, 4.5, 9, 10 and this clause 11 shall survive termination of the Contract.
11.5 A person who is not a party to the Contract has no right under the Contract (Rights of Third Parties) Act 1999 to enforce the Contract but this does not affect any right or remedy of a third party which is available apart from that Act.
11.6 The Contract shall be governed and construed in accordance with English law and the parties irrevocably submit to the exclusive jurisdiction of the courts of England.