Terms-and-Conditions

The Hen Fairy (Butlers with Bums Limited) Terms and Conditions 

IMPORTANT NOTICE

The terms and conditions below apply to all bookings made with The Hen Fairy (trading name Butlers with Bums Limited) by any method (telephone, email, web form or in writing). The registered company number is 7699821 and the registered address 44 Drove Crescent, Mile Oak, Brighton, BN41 2TA. These terms and conditions explain in detail what our commitment is to you and vice versa. By making a booking with us, you are agreeing to enter into a formal contract with us, so please read through these terms and conditions carefully. Please also be aware that these terms and conditions apply to the entire party covered by the booking, so all members of your party should read these terms and conditions before you proceed with your booking.

CLARIFICATION OF TERMS

The following definitions relate to these terms and conditions as well as any future correspondence and documentation regarding your booking:

1. ‘YOU’, ‘YOUR’, ‘GROUP’ or ‘PARTY’ refer to the every member named on the booking and are not restricted to one individual or group leader
2. ‘WE’, ‘US’, ‘OUR’ or ‘THE HEN FAIRY’ refer to our company Butlers with Bums Limited.
3. “PARTY LEADER’ refers to the primary contact with regards to the booking and the single person we will communicate with during the booking process.
4. ‘ARRANGEMENT’ refers to the specific elements that make up your booking with us such as services, events, accommodation, meals, transport, either individually or in their totality.

By proceeding with a booking, The Party Leader agrees to the following:

1. You have read our terms and conditions displayed herewith and agree to be bound by them
2. You have permission from all members of the party to handle the booking arrangements on their behalf
3. At the time of placing the order, you are over 21 years of age, reside in the UK and agree that all members of your party are over the required age for any age-related services you wish to book as part of your package
4. You provide your consent for us to use your information and that of your party in keeping with our Privacy Policy

BOOKING CONFIRMATION

In order to secure a booking with us, you must provide a non-refundable deposit at the time of booking. The exact amount of this deposit will have been provided to you when you gave us the details of your planned package. When you pay this deposit, you are confirming that you have checked the accuracy of the information you provided, agree that it is correct and are also confirming that all members of the group agree to abide by our terms and conditions.

On receipt of your booking deposit, we will issue you with a booking confirmation in writing. This may be via email, letter or fax. Please be aware that our contractual obligations will not come into force unless you have received a formal confirmation booking from us. If you do not receive a booking confirmation, please contact us to ensure your booking has been received and processed.

DOCUMENT ACCURACY, CHANGES & REPLACEMENTS

It is your responsibility to check all documents, including travel documentation, for accuracy, as we cannot accept responsibility for any errors that we have not been alerted to in the stated timeframe. If any information stated on your booking or documentation is incorrect, please contact us immediately with details of the required corrections.

If any changes need to be made to the booking, including changes of group members, alterations to the names of existing group members, or a change in The Party Leader, please contact us immediately with the alternative details. There may be an additional charge to add or remove members, or to change party details. You will be advised of any additional charges when you contact us.

The Party Leader is responsible for ensuring that all party members satisfy all passport, visa, travel insurance and health certificate requirements that are required as part of your booking. We cannot accept any liability for refusal to travel or entry into any destination or venue, or for any losses, delays or expenses incurred due to a failure to be in possession of the correct documentation. If you have any concerns regarding the required documentation your party may need, please raise this with us at the earliest possible opportunity.

If you require us to re-issue tickets which have been lost, stolen or destroyed, please inform us as soon as possible, stating each party member for which the replacement documentation is needed for. Any charges we incur as a result of issuing replacement documentation will payable by you in full.

PAYMENT SCHEDULE & RESPONSIBILITIES

An initial deposit is required upfront in order to secure your booking and will be determined by the number of people in your party and the overall value of your booking. Following this, we will provide you with a schedule of payments which will include the amount and due dates for each payment. The balance must be paid in full no later than 6 weeks before the event, or at the date specified in your booking if this is different.

If your booking date occurs within 6 weeks from the time of booking, payment in full will be required unless otherwise stated.

It is the responsibility of The Party Leader to ensure that all payments are collected from group members and paid to us on or before the specified date.

Named individuals on the party booking will be able to access our online payment facility and make their payments directly if they wish. Credit and debit card charges will apply to any payments made online or via telephone. Details of charges can be found in the section entitled ‘Payment Charges’.

The Party Leader assumes all responsibility for settling the balance on the account by the specified final due date. A failure to pay for your booking may result in your booking being cancelled. In the event of a booking cancellation, all payments received are non-refundable.

No booking documentation, including travel tickets, will be released until all payment required as part of your booking is received in full.

All aspects of the Arrangement including any part-payments and deposits are non-refundable and non-transferable.

PAYMENT CHARGES

If you are paying by any credit card or debit card, please refer to the relevant surcharges below:

• Debit card – 1.5% surcharge
• Credit Card (except AMEX) – 2.5% surcharge
• We do not accept AMEX

OUR RESPONSIBILITIES

We will use all available efforts to ensure your booking is delivered as per your stated requirements, however, if we have to make any changes to your booking or Arrangement, we will inform you as soon as possible. We reserve the right to change or amend your booking at any time, and will endeavour to offer suitable alternatives should any element of your booking require us to do so. For this we do not accept liability.

If you decide to proceed with our recommended substitutes and the price is less than your original booking, we will refund you the difference. If on the other hand, the price is higher, we will require you to make the additional payment. Depending on the cost of the increase and the time from making the change to the booking date, we may require this additional payment in full. We will inform of any changes in your payment schedule that arise from the inclusion of a substitute arrangement. If you are not happy with your substitute, we will work with you to organise a suitable alternative, but you will not be eligible to cancel your booking as long as we provide a reasonable alternative.

OUR RIGHT TO CANCEL

We reserve the right to cancel your booking at any time at our discretion under the following circumstances:

• Force Majeure – this includes any events or circumstances which are beyond our reasonable control including but not limited to natural disasters, Acts of God, war, terrorist activity, strikes and disputes, fire, changes made to flight paths and carriers and adverse weather conditions.
• Breach of Age Restriction – If you or any of your party has knowingly booked an age-restricted package or element of your package when members of the party are under age.

YOUR RIGHT TO CANCEL 

If you wish to cancel your booking, this must be done so by The Party Leader in writing as soon as possible. Depending on when you cancel, the following cancellation charges will apply apart from if caused by the factors listed in ‘Our Right to Cancel’. These are also applicable if we deem that Substantial Alterations to your booking are requested. This includes moving the date of your booking by more than three months.

OVER 42 DAYS

• If WE cancel, all monies will be returned to you
• If WE make a Substantial Alteration, we will return your initial payment only
• If YOU cancel your booking, no monies will be returned to you

OVER 7 DAYS BUT LESS THAN 42 DAYS

• If WE cancel, all monies will be returned to you
• If WE make a Substantial Alteration, we will return any monies paid for elements of the Arrangement affected by the alteration
• If YOU cancel your booking – A Cancellation Charge of 50% of the total price for each person in the group who cancels. We will also retain any monies paid.

LESS THAN SEVEN DAYS

• If WE cancel, all monies will be returned to you
• If WE make a Substantial Alteration, we will return any monies paid for elements of the Arrangement affected by the alteration
• If YOU cancel your booking – A Cancellation Charge of 100% of the total price for each person in the group who cancels will apply. We will also retain any monies paid.

These sums are not applicable if you cancel a booking which was listed as ‘subject to availability’ or you provide notice of cancellation within the stated time frame for which cancellation charges do not apply. This date will be provided to you when your booking is confirmed.

If a member of your party is unable to attend, no refunds will be provided. You can replace a member with another individual if there is sufficient time to do so, but an additional charge will be applied for any changes. The charge amount will vary depending on the nature of your booking and itinerary and we will inform you of any additional charges when you contact us about any changes. If you are unable to replace a member of the group, additional charges may be incurred for elements of your Arrangement such as Single or Under-Occupancy charges for your accommodation.

We cannot accept responsibility for any issues out of our control that may affect your booking, including traffic delays, adverse weather conditions. Although every effort will be made by us to accommodate any changes required to your booking as a result of such issues, all aspects of your original booking will remain non-refundable and any additional changes to your booking will incur our normal charges.

OUR LIABILITY

The Hen Fairy works with a number of suppliers and every effort has been made to ensure they all comply with the necessary requirements of the Health & Safety Act and that they are adequately insured. Due to the nature of some of the events that individuals require as part of their Arrangement, we cannot accept any responsibility for any loss or injury to any members of the party group caused by their participation in any of the activities or events that make up their booking.

The Hen Fairy carries the necessary public liability and professional indemnity insurance in the event of negligent bodily injury, property damage and financial loss.

The Package Travel, Package Holidays and Package Tours Regulations 1992 (the Regulations) do not apply to any bookings via The Hen Fairy, nor do we assume any liability under these regulations.

Our Limitation of Liability

We will not be liable for any failures to adhere to your Arrangement that are caused by:

1) You or any member of your Party

2) A third party unconnected with the Arrangement where the failure could not have been reasonably foreseen or avoided.

3) Any unusual or unforeseeable circumstances beyond our control or that of our suppliers.

Our liability, excluding cases of death, injury or illness, is limited for any Arrangement to a maximum of two times the cost per person included in the Arrangement, per person affected.

Our liability is also limited in accordance with the contractual terms stated by the suppliers incorporated into your Arrangement and therefore forms part of your contract with us. Where applicable, our liability will also be in accordance with any relevant international conventions, which govern areas of liability and compensation.

PRICES

All prices stated in your booking are exclusive of VAT and correct at time of going to press, but we reserve the right to change or amend these prices at any time, at our discretion.

Price changes: If any price changes occur that will affect your booking, we will notify you as soon as possible, as well as provide you with any details relating to additional payments and amendments to your current payment schedule. You cannot cancel your booking as a result of a price change, but every effort will be made to provide an alternative substitute if the changes affect your booking. Any substitutes offered may attract an additional charge.

Incorrect pricing: If a price is misquoted by our representative or displayed online incorrectly, we shall not be bound to offer it for this price. We will instead inform you of the error as soon as possible and provide a revised quote or price.

Discounts: If you have received a discount for booking more than one activity, please be aware that this discount applies to the whole Arrangement booking only. If you decide to change the activities or only take part in one aspect, this discount may no longer apply. Please check with us prior to booking if you think you are taking advantage of a discount or promotion to ensure it is still valid or applicable to your booking.

IMPORTANT DETAILS ABOUT YOUR BOOKING 

Health Precautions: If your booking with us includes strenuous activities, it is The Party Leader’s responsibility to ensure that all group members have the appropriate levels of health or fitness required for such activities. If any of your group has any existing medical or physical problems (including height and weight concerns) or a disability, you must make us aware of these at the time of your booking. If we feel that your preferred arrangements are not suitable due to a health or fitness condition, we reserve the right to cancel the booking or prevent the member concerned from participating in any activities which may be detrimental to their health. We accept no liability for this and if the booking is cancelled, all monies paid will be non-refundable. Our cancellation charges will also apply.

Special Requests: If you have any special requests, such as dietary requirements, we will endeavour to meet these requests wherever possible, but we cannot guarantee they can be met. If your special request is a critical aspect of your booking, please advise us at the time of booking, stating the importance so we can prioritise accordingly. Special requests are subject to availability and may attract an additional charge, which we may require you to pay for upon confirmation of the special request booking.

Insurance: Unless otherwise stated, your booking does not include personal travel insurance. It is highly recommended that each party member purchase an adequate level of cover for his or her specific needs. We cannot be held responsible or liable for any problems that occur as a result of failing to obtain adequate insurance prior to travel.

Providing you have the correct insurance in place and you are unable to attend all or elements of the Arrangement for reasons outside of your control, we will be able to provide a statement of payments received to support an insurance claim. Please note however, that we are unable to verify or deny an individual’s participation in any part of the Arrangement.

Itinerary, Timings and Locations – If we have supplied you with an itinerary, please ensure that your party keeps to the timings stated. We cannot accept liability or responsibility if you fail to arrive at your designated locations and venues at the time stated on your itinerary. No refunds will be issued for failure to arrive on time.

Room Occupancy – We will wherever possible adhere to your requirements when it comes to room occupancy, however in the event of an odd number of guests, a single occupancy charge may be incurred if a triple room is not available. This charge will be specific to the hotel you stay in and will be levied by the hotel itself. You must pay any single occupancy charges directly to the hotel.

Behaviour – All of our suppliers have their own standards of conduct and you will be advised of your required behaviour on arrival at our supplier venues and locations. Our suppliers have the right to terminate your stay or visit without notice if you or any member of your party acts inappropriately or breaches their guidelines for behaviour and code of conduct. Please be aware that some venues will require parties to pay a ‘behaviour’ bond to act as a deposit and this will be required upfront before you enter the venue. This is usually refundable upon satisfactory behaviour of your entire party. We cannot accept liability for any part of your Arrangement, which is affected due to improper behaviour by any member of your party.

Undisclosed Information: We cannot accept liability or responsibility for any problems you encounter during the weekend through a failure to disclose to us necessary and important information, which may affect your booking or aspects of your Arrangement.

This includes, but is not limited to:

• Any members under the age of 21 if age restrictions apply to any part of your booking
• Pregnancy, disability or other medical/health restrictions
• Height and weight for any activities for which restrictions apply

We will where possible, advise you of any restrictions we are aware of prior to the commencement date of your booking, however, it is The Party Leader’s responsibility to ensure that all members of your party are eligible for any activities that you book as part of your Arrangement. We cannot accept liability or issue refunds if you cannot participate in activities for which restrictions apply.

Customer Services – Should you experience any problems during your booking, you can contact our 24 hour customer service number on 07454 253 313.

Complaints: If you have an issue with a venue or supplier that forms part of your Arrangement, please raise this with both the supplier and us within 72 hours of the issue. You can also write to us with details of your complaint at the address stated within these Terms and Conditions, within 7 days of returning home. We will endeavour to respond to your complaint within 28 days of receipt but in some cases, this can take longer, particularly if we have to investigate an element of your complaint before providing you with an appropriate response.

Compensation: If you wish to submit a claim for compensation for any part of your Arrangement, we must receive this within three months of your departure date. Any claims received after this time will not be considered.

Refund Policy: If you have received confirmation that you are due to receive a refund for any aspect of your booking, we will aim to process this within 14 days wherever possible.

LEGAL

These terms and conditions and any subsequent bookings are governed by English Law and are subject to the jurisdiction of the court of England and Wales. These terms and conditions and any subsequent bookings do not affect your statutory rights.

 

DATA PROTECTION

As part of the booking process or when you request information from us, we will collect information about you including but not limited to name, contact details, special needs, disabilities and dietary requirements. We may disclose this information to our service providers, both inside and outside of the UK/EEA if it is an essential element of providing your Arrangement. If this is required, we will only share the necessary information with them. Occasionally, we may contact you via email, text or by letter to advise you of special offers or promotions, which we feel, would interest you. If you do not wish to receive these communications, you can notify us in writing. You also have the right to ask us to share with you the information we hold about you. You can do this by writing to us at the address detailed in these terms and conditions and asking for ‘Data Subject Access Request Form’.