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BOOKING TERMS & CONDITIONS

The City Zip Company Ltd trading as Zip Now – Terms and Conditions

Your acceptance of these Terms and Conditions forms an agreement between The City Zip Company Limited trading as Zip Now, whose registered office is situated at 50 Westminster Bridge Road, London SE1 7QY, (hereinafter called “Zip Now”) and the Customer using the products or services of Zip Now (hereinafter called the “Rider(s)”).

You acknowledge that you have read this document and you agree to make sure that all riders in your group are aware of them. By booking or participating in one of our rides you accept and agree to be bound by these Terms. A payment or part payment or a signature on a written waiver will signify acceptance of these Terms and Conditions relating to the use of the products or services of Zip Now.

All riders (including business clients) agree that these Terms constitute the entire agreement between you and us and supersede all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral.

1. Definitions

“Advance Booking Period” – means the period before the event has started during which time tickets are sold.

“Booking” – means a booking made by you for you or any Rider.

“The Company” / “We” / “Us” – means The City Zip Company, registered in England and Wales
company number 10582106

“Designated Location” – means the location of the start and / or end of the relevant Ride.

“Promotional Offers” means any special offers we may advertise or offer from time to time. There might be differences in either price or quantity between different booking methods.

“Ride” – means a ride on our installation and any of its associated activities which we might offer from time to time.

“Rider” / “You” – means a person who is booked to participate in any of our rides.

“Site” – means the site on which a Ride takes place.

“Supervising Adult” – means any adult over the age of 18 who actively participates in a Ride.

“Terms” – means these terms and conditions as amended by us from time to time.

“Waiver Form” – is an Acknowledgement of Risk Form which must be signed by all riders before taking part in a ride.

“Website” – means our website: https://zip-now.co

2. Restrictions on Riders

Children under the age of 16 years will not be permitted ride unless they are accompanied by a supervising adult, to a maximum of two children per supervising adult.

Certain medical conditions may preclude participation. If you or any rider is pregnant or suffers from a medical condition, we recommend that you contact us before booking to ensure it does not preclude you from taking part. Failure to do so may mean you or the relevant rider cannot take part and no refund will be payable by us. We will not be liable if you suffer illness or injury through a medical condition that has not been disclosed to us.

• Maximum permitted user weight – 120kg
• Maximum permitted user height – 2.1m
• Minimum permitted user height – 1.20m
• Minimum age – 8 years
• There is no maximum age

Note that the minimum or maximum permitted user weights might be subject to change at short notice in the event of unusual tail or head winds at the location. In the event that these weights are altered and a rider under is subsequently excluded, they will be offered the
opportunity to reschedule or may otherwise opt to receive a refund.

3. Packages

Package promotions are not available in conjunction with any other offer or discount, nor are they transferrable between people.

Rides booked within a package or group booking must be scheduled on the same day and in the same or adjacent time slots.

If one or more rides or products in a package are cancelled by you or any member of your group at any time, the remaining riders may be charged at a higher price, according to the ratcheted pricing offered to you or our standard ticket prices.

If one or more of the rides in a group booking are postponed by the company, you will have an option to be refunded for this individual ride or to request to reschedule it for another date. Other rides within the package may be postponed to the same or adjacent slots but cannot be refunded. The rescheduling or refund options offered to a rider or riders will be proportionate to the original discounted package price.

Where a package contains one or more items that are not available through lack of stock, technical difficulty or any other reason, the company reserves the right to make alterations to that package so long as these alterations represent a similar or greater value to the rider and the company will not be liable for a full or even partial refund to the rider. For the avoidance of doubt, this includes reprography.

4. Booking Options, Payments and Guarantee

a. If you book directly with us online or by telephone we will ask for your credit or debit card details to complete the purchase and a ticket will be sent to you by email. Full payment will be debited and your account statement will identify the transaction as “The City Zip Company Limited”.
b. If the booking is made through an approved representative, payment will be taken in accordance with that representative’s terms and conditions for ticket sales. You can contact the company to receive details of approved representatives.
c. If you are a consumer, you can only book one of our rides for yourself if you are at least 16 years old.
d. If you are not a consumer, you confirm you have authority to contract for the business on whose behalf you are making a booking.

5. What’s included in the price of a single ride ticket?

The price of a ticket will include one ride on the zip wire, all necessary equipment, public liability insurance and VAT.

The price does not include personal insurance or any other items not specifically mentioned as being included.

4. 5. Voucher Bookings

a. Vouchers cannot be redeemed for cash.
b. Vouchers are sold in keeping with our standard terms and conditions.
c. Vouchers are redeemable for rides subject to availability.
d. Please remember that our last day of operation is Sunday the 9th of September
2018. Vouchers must be redeemed before this date. In the event that they are not,
they will be deemed invalid and no refund will be given.

6. Concession / discount requirements

Bookings will be accepted on the basis of information supplied by you at the time of booking. However, proof of any concession entitlement may be requested at any time during fulfilment. Failure to produce required evidence upon request may result in the concession / discount being withdrawn and payment being requested amounting to a difference between that which has already been paid and the full published price.

7. Payment

a. Full payment must be made in advance of training and rides.
b. For company bookings where an invoice has been issued, the full amount owed must be paid within 14 days of receipt of the invoice. In the event that the booking is made within 14 days of the ride, payment is due immediately.
c. Failure to comply with the clauses in this section will lead to the Company cancelling the booking and releasing the tickets. Any part payment made will not be refunded.

8. Amending or Cancelling your Booking

Where possible booking amendment requests will be accommodated without charge or penalty but are subject to the following conditions:

a. Individual bookings may be amended no less than 4 days prior to the booking and are subject to availability.
b. The company will consider cancellations for individual bookings in exceptional circumstances but in any event, these cannot be made less than 7 days before the day of the booked ride.
c. The time limits referred to in relation to this section refer to the original booked date. Once a booked date has been amended then you cannot further amend or cancel the date and the provisions relating to refund or further amendment will not be available you.
d. Group bookings where a volume discount has been applied may be amended only if giving of at least 14 days’ notice of cancellation or reduction of numbers.
e. Discounts are based on minimum group sizes. If the minimum group size is not achieved as a result of a cancellation or amendment, then the relevant pricing tariffs will be applied to the remaining tickets.
f. To cancel a ticket or tickets and request a refund, you must send an email detailing that you wish to cancel to support@zip-now.co, stating “Cancellation” in the subject line.

9. Cancellations & Amendments by The Company

a. Safety is our primary concern. There may be times where weather conditions or other unforeseen events threaten the safety or accessibility of our rides.

If we decide in our absolute discretion to delay rides or amend rider restrictions on the preceding day or same day of the booking, we will attempt to notify affected riders by email and also post a notice on the event’s social media pages. While we will always endeavour to provide as much notice as possible, in some instances we might only be able to notify riders in person at the site.

If we do cancel slots under this clause, you will be offered the opportunity to re-schedule your booking to an equivalent slot within one month of the date of the ride you originally booked, subject to availability. Refunds are not given. No compensation for consequential or any other losses will be payable to you.

b. Rides that are booked during the advanced booking period are conditional on a number of factors beyond the control of the Company. If the launch is delayed and your booked dates are no longer viable as a result of a delayed opening, the Company will offer alternative dates to you. If there are no suitable alternatives for you or if the event does not transpire, there will be a no refund policy for these tickets.

There will be no compensation for consequential or any other losses through delay, rescheduling or cancellation under this clause.

c. For other cancellations and amendments by the company that do not fall under the preceding clauses, we will notify you by email and offer you an alternative equivalent slot. If this slot is not acceptable to you, you may request a refund for your ticket purchase.

Any email sent by us will be deemed to have arrived and you must claim the refund within 7 days of the date of that notification and follow the steps below.

(i) send us an email to support@zip-now.co;
(ii) the subject line of the email must be “Refund Request”;
(iii) include your full name and the Booking reference number;
(iv) we will request certain details from you in order to identify you and effect a refund

No compensation for consequential losses, travel expenses, accommodation, hospitality or any other losses will be payable to you.

10. Late Arrival

a. We operate a timekeeping policy. All riders in your party must arrive at the location at least thirty (30) minutes prior to the ride commencement time for your slot.
a. If you are late we will endeavour to reschedule you to a slightly later slot but make no undertaking to do so.
b. Cancellation through late arrival will not entitle you to a refund. There will be no compensation paid for consequential or other losses or expenses.

11. The Waiver Form

Every rider is required to sign a waiver form. If a rider does not sign a waiver form or does not comply with any of the terms set out in that waiver form, the rider will not be allowed to take part. No refund will be given, and the company will not be liable for any compensation, consequential or any other losses arising.

12. Photos and Videos

a. Video and photo reprography is a service that may be offered by us or our partners. Neither that partner nor the company accepts any liability if this service cannot be provided for whatever reason. In such circumstances, no refund will be given nor compensation paid, even if the photograph has been prepaid as part of a package.
b. As a result, our site may have automated or manual cameras installed. During your visit your image may be captured by one or more of these devices. By visiting our site you accept that you may be filmed either for the production of stills or video and authorise the company to use those images for its own promotion.
c. In the case of children under the age of 16, you accept and consent by making the booking that still or video images of children may also be taken during the reprography process.
d. Riders may take photographs at our site but may be restricted from doing so on the launch or landing platforms. Cameras are not permitted on the wires, even with “selfie sticks”, unless they are connected to the rider’s person by mounts that are approved by our staff at the site. Like other personal belongings, phones and cameras must be stowed in lockers or secured in our carry pouches during rides and cannot be held in the hands during a ride.
e. Data provided at experience check-in, including your e-mail and mobile phone number, will be shared with the partner for the purpose of providing you with the video and photo reprography option. Any contract to purchase video or photography services will be between you and that partner and not Zip Now.

13. Children

Full legal responsibility for any child or children in your group lies with the supervising adult. The supervising adult must sign the waiver form on behalf of the child or children.

If you are making a booking which will include children participating in the ride, you acknowledge and understand that children under the age of 16 years will not be permitted to take part unless accompanied at all times by at least one participating adult for every 2 children taking part.

The minimum age for a supervised child rider is 8 years.

14. Accessibility

a. We are unable to offer special or modified rides to accommodate disabled riders requiring a wheelchair or other such mobility assistance and / or special access.
b. Any disabled rider whose needs can be accommodated must be accompanied by an able-bodied carer. The carer will be entitled to ride free of charge.
c. We reserve the right to decline participation on the basis of a pre-existing medical condition which must be disclosed to us in the waiver form or (if earlier) at the time of the booking.

15. Alcohol and non-prescribed drugs

The consumption and use of alcohol and non-prescribed drugs is strictly prohibited on our site at all times. We reserve the right to refuse admission to any person who is considered to be under the influence of alcohol or non-prescribed drugs. Smoking is not permitted at any time when our equipment is being used or worn.

16. Belongings

Zip Now is not responsible for and accepts no liability for any loss or damage caused to your belongings or to the contents therein when you are on our site.

If you or any rider or other visitor deposits personal possessions, items of clothing or any other property in our lockers, with an employee or with a third party on our site then they do so at their own risk and the company will not be responsible for any loss or damage to these items however caused.

17. Insurance

Zip Now has appropriate public and employer liability insurance.

18. Our liability

a. We do not in any way exclude or limit our liability for:
i. death or personal injury caused by our negligence;
ii. fraud or fraudulent misrepresentation;
b. We will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement for:
i. any loss of profits, sales, business, or revenue;
ii. loss of business opportunity;
iii. loss of goodwill; or
iv. any indirect or consequential loss.
c. Our total liability to you in respect of all losses arising under or in connection with a purchase, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the rides purchased.
d. We will not be responsible for ensuring that the rides or other products or services are suitable for your purposes.
e. Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the rides. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

19. Reserved Rights

Zip Now reserves the right to cancel bookings at the site. Reasons for cancellations under this clause may include but are not limited to:

Physical or verbal abuse towards any person on any of our sites;
Failure to comply with the laws of England and Wales;
Refusal or failure to complete the waiver form;
Refusal or failure to provide suitable evidence of ability to partake in a ride;
Refusal or failure to pay the correct fee for a ride;
Refusal to supply medical evidence or suitability to partake in a ride when asked;

In the event of cancellation, amendment or postponement of a flight or flights by Zip Now under this clause, the provisions relating to cancellation and amendment which are available to the rider under the provisions of clause 8 will not apply.

We reserve the right to make alterations or changes to these Terms at any time ensuring that the riders with existing bookings will receive the latest copy of the Terms prior to participating in a ride where they are affected.

20. Events Outside Our Control

a. We will not be liable or required to refund for any failure to perform, or delay in performance of, any of our obligations under an Agreement that is caused by an Event Outside Our Control.
b. An Event Outside Our Control includes without limitation supplier failure, strikes, lock-outs or other industrial action by third parties; inaccessibility of our site or our equipment to us, our workers or riders; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
c. If an Event Outside Our Control takes place that does or will affect the performance of our obligations under this Agreement:
i. we will contact you as soon as reasonably possible to notify you; and
ii. our obligations under an Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
iii. If the event continues for more than four months then we will have the right to terminate our contract without liability.

21. Complaints and Disputes

Any disputes or complaints must be brought to the attention of The City Zip Company Ltd (trading as Zip Now) in writing within seven (7) days from the occurrence which gave rise to the complaint / dispute. The company will respond within seven days in writing and will endeavour to investigate and resolve such a dispute or complaint. The company’s decision through this process will be final.

22. General Matters

We may transfer our rights and obligations under an agreement to another organisation, but this will not affect your rights or our obligations under these terms.

This agreement is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Each of the conditions of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

23. Promotional Offers

With regard to any of our promotional offers, the following provisions shall apply:

All Promotional Offers are subject to availability.
Promotional Offers are non-transferable unless clearly stated as such.
Promotional Offers are not for resale unless under license and in any event not for more money than tickets are available directly from Zip Now.
Tickets are not redeemable for cash.
Promotional Offers only apply to the specified product or products.
Promotional Offers cannot be used in conjunction with any other offer.
Promotional Offers are valid until the date specified.
Zip Now reserves the right to withdraw a Promotional Offer at any time.

Tickets that are sold or re-sold in breach of these conditions will not be honoured by the company.

24. Sales partners

A list of companies authorised to sell tickets on our behalf are listed below. This list will be continually updated. Currently the only companies licensed to re-sell Zip Now tickets are:

Thames Rockets
Groupon
Geronigo
Fever / Secret London
Little Bird
Viator / Tripadvisor
Time Out
Funzing
Buy A Gift

Specifically, Globe Events are NOT licensed to sell Zip London tickets and tickets purchased through them will not be honoured.