Terms and Conditions for TopRow Ltd (London)

 

Scope

Sale of any Services or Products is expressly conditioned on Buyer’s assent to these Terms and Conditions, the Website Terms and Conditions and the Privacy Policy (the “Terms”).

Ordering of Activity Services and Payment

Buyers of Activity Services can order through

a) The website registration form on a TopRow site. After registration Buyer gets a registration confirmation by email. Registrations for Activity Services slots are entered on a first come, first served basis. Confirmation of registration constitutes a firm order. Payment terms are at or before the start of the first agreed Activity Service.
b) A buyer can also register in the web-shop part of a TopRow web site. In that case the confirmation constitutes a firm order from the moment the payment through the web shop has been successfully processed.
c) Any rebates or other promotional offers that are limited to certain dates are valid only when confirmation has been sent or when payment has been processed on a valid date for the specific rebate or promotional offer
d) A firm contract can also exit when a Buyer accepts a writer offer from TopRow. All such written offers have a maximum validity of 30 days from the day of the offer, and such offers can be rescinded in case of unforeseen circumstances, including oversubscription of a specific time period.
e) Buyers can enter into a contract by applying in person at a TopRow Location. A firm contract will exist from the moment payment has been successfully processed. In such cases
TopRow does not guarantee specific
activity slots, but will always use best efforts to place Buyer at a suitable activity slot
f) If an Activity Service has been booked for a specific date time slot, TopRow does not guarantee it will be possible to change that time slot.
g) All Prices offered can be subject to change without notice.

Cancellation of Purchase Order for Activity Services:

Buyer may cancel its order only as per the cancellation policy as described in the service offer and/or on the Website(s).

In general, unless special arrangements have been announced on the website or otherwise, the following Service Cancellation policy applies:

a) Activity Services that have not been paid can be cancelled up to 2 weeks before the first agreed time slot of the Activity Service.
No restitution will be due if the orders is cancelled later.
b) For Orders with Payment through the website, 80% of the amount paid will be restituted if the Order is cancelled no later than 6 weeks before the first agreed time slot. For orders cancelled in the period of 6 weeks to 2 weeks before the first agreed time slot, 40% of the sum paid will be restituted. No restitution will be due if the order is cancelled less than 2 weeks before the first agreed time slot.
c) In the case of no-show for reservations without prior notice and/or cancellation in line with the provisions of the Service Cancellation policy Seller is entitled to bill Buyer for the full amount agreed if such payment had not yet been successfully processed.
d) In case a likely cancellation is the result of an unforeseen condition such as personal injury, serious illness, pregnancy, bereavement etc, Buyer or, in the case of minors, parents or custodians of Buyer, can request to agree a different date and time slot for the Activity Service. TopRow will use best efforts to accommodate such requests, as long as this does not reduce, inconvenience or injure the performance of Activity Services for other Buyers. TopRow is entitled to request assurance of the condition claimed by, for instance, a doctor’s declaration or similar proof, before agreeing to such a change.

Limitation of Liability

a) Participants in Activity Services (Personal Participation activities) do so entire at their own risk.
b) In no event shall Seller be liable for theft, accidents or damages on or in the accommodation or materials (including boats) it offers.
c) In no event shall Seller be liable to buyer or any third party for any loss of use, revenue or profit or diminution in value, or for any consequential, indirect, special, exemplary or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not Seller has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its agreed purpose.
d) In no event shall Sellers aggregate liability arising out of or related to this contract, whether arising out of breach of contract, tort (including negligence ) or otherwise. exceed the total of the amounts paid to seller for the activity services (or as the case may be, products and/or associated services) hereunder.

Obligations Buyers/Participants

Participants in Activity Services need to be insured for third party damage, and they need to be able to swim in open water. Participants need to make best efforts to assess any risks they might incur by participation, and inform Seller accordingly.

Participants in Activity Services (Personal Participation activities) are obliged to provide all relevant information that could have bearing on the Service Activity purchased in a truthful and timely manner. This includes any health or medication information, diets, or any other condition that might have impact on the safe participation for themselves or other participants.

In no event shall Seller be liable if such information leads to the diminished or total inability to take part in the activities.

Participants shall abide by all laws, rules and conventions about acceptable behavior, and refrain from endangering themselves, other Participants, or materials and accommodations.

Participants are not allowed to possess, use, be under the influence or otherwise deal with recreational or other drugs, alcohol, or other substances, while they are taking part in the Activities and while they are on the premises.

Participants need to be present, in suitable clothing, at the agreed day and time. Tardiness may result in partial or complete exclusion from one or more activities, without compensation.

Participants shall carefully heed all safety instructions and house rules ar communicated by Seller and its representatives.

Parents or custodians of participating minors shall ensure that such minors shall be picked up by them after the Activity, or make other arrangements for the safe departure of such minors from the premises.

Seller shall make best efforts to inform any parents, custodians or other contact persons of participating minors of problems, mishaps, or early cessation or outright cancellation any Activities.

Seller shall make best efforts to accommodate any health or medical aspects, diets, or other circumstances that have been communicated to Seller in the execution of the Activity Services.

Complaints

Complaints about the execution of the Activities, or about the execution of other agreements, requests for restitutions etc. must be made known to Seller in writing or by email within one month of the end of the last Activity contracted. Such messages must include a complete and clear description.

Seller shall react within 14 days of the receipt of such a message. The reaction may be that an investigation of the issue will take more than 14 days, in which case the reason for this, and an estimation of the likely time to resolution, will also be given by Seller.

The sending a complaint message does not itself exonerate Buyer form any obligations under any contracts.

Force Majeure

“Force Majeure” means any event or occurrence which is outside the reasonable control of the Party concerned, and which is not attributable to any act or failure to take preventative action by the Party concerned, including (but not limited to) governmental regulations, fire, flood, epidemic, industrial action or any disaster.

Neither Party shall be liable to the other Party for any delay in or failure to perform its obligations under the Contract (other than a payment of money) if such delay or failure results from a Force Majeure event.

Notwithstanding the foregoing, each Party shall use all reasonable endeavors to continue to perform its obligations hereunder for the duration of such Force Majeure event. However, if any such event prevents either Party from performing all of its obligations under the Contract for a period in excess of 6 months, either Party may terminate the Contract by notice in writing with immediate effect.

If either of the Parties becomes aware of circumstances of Force Majeure which give rise to or which are likely to give rise to any such failure or delay on its part it shall forthwith notify the other by the most expeditious method then available and shall inform the other of the period which it is estimated that such failure or delay shall continue.

Assignment

Buyer shall not assign any of its rights or delegate any of its obligations under this Contract without the prior written consent of Seller. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Buyer of any of its obligations under this Contract.

Relationship of the Parties

Nothing in the Contract shall be construed as creating a partnership, a contract of employment nor a relationship of principal and agent between the Authority and the Contractor.

Governing Law and Jurisdiction

All matters arising from this contract shall be governed by English law and subject to the laws of England and the exclusive jurisdiction of the courts of England

Notices:

Buyer shall, during the term of any contracts or any subsequent unresolved obligations or complaints, notify Seller of any changes of address without delay.

All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the face of the Contract or to such other address that may be designated by the receiving party in writing.

Severability

If any provision of the Contract is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions of the Contract shall continue in full force and effect as if the Contract had been executed with the invalid, illegal or unenforceable provision eliminated.

Survival

Provisions of these Terms and Conditions which by their nature should apply beyond their terms will remain in force after any termination or expiration of these Terms and Conditions including, but not limited to, the following provisions: Insurance, Compliance with Laws, Confidential Information, Governing Law, Indemnification, Submission to Jurisdiction/Arbitration and Survival.

Amendment and Modification.

These Terms and Conditions may only be amended or modified in a writing which specifically states that it amends these Terms and Conditions and is signed by an authorized representative of each party.

Complete Agreement

These General Terms and Conditions constitute the entire agreement between Buyer and Seller relating to the subject matter hereof, and supersede all prior and contemporaneous discussions, understandings, and agreements related to the subject matter hereof.