PART 1 – Event Conditions
2. The Contract
The Event is normally booked/signed by one person who is then the ‘Party Leader’ and who may book and manage bookings at the Event on behalf of other persons (the ‘Party Members’).
To make a booking for an Event, you must be at least 18 years of age and be able to create a legally binding contract. Your contract with us is concluded when:
- your payment of the deposit (or in the case of a late booking the full payment), has been received by us in cleared funds; and 3ness send you written confirmation of the booking by e-mail and/or by post.
- At the point at which you are sent written/electronic confirmation of the booking from us (‘Confirmation of Booking’), your reservation will be accepted and the contract between 3ness will become binding. If you receive this confirmation by e-mail first, this is when the contract is formed.
The contract binds you and it is your responsibility as the Party Leader to ensure that all Party Members, read, understand and comply with the terms of this contract. Failure to disclose all relevant information and/or comply with these terms may lead to termination of the contract and loss of the booking and any fees paid, without liability to us.
3. Amendments to your booking
4. Your reservation
With the Confirmation of Booking will be other relevant information. Payment of the full balance owing for the Event (including the Party leader and all Party Members) must be made 28 days before the start of the Event or by a given date communicated to you by 3ness, otherwise the booking will be regarded as cancelled and any previous payments made will be lost and no refunds whatsoever.
The minimum age of attendance to any 3ness Event is 18.
For the avoidance of doubt, 3ness reserve the right to correct any prices incorrectly shown on the website and/or in any promotional material e.g. brochures, leaflets etc.
Any such prices which are advertised in error may be amended and where the amended prices affect your booking, 3ness will notify you of the amendment and you reserve the right to cancel if you do so in writing within 7 days of such notification from 3ness.
7. If you change your booking
If you wish to add additional Party Members to your booking, you will not be charged an amendment fee. Any other changes may incur a £25.00 (twenty five pounds) amendment charge.
Any changes must be made in writing (email – firstname.lastname@example.org) to 3ness before the start of the Event by the Party Leader.
Where changes are sought to be made before the start of the Event it will be treated as a cancellation and subject to cancellation charges as outlined in the next clause.
8. If you cancel your booking or Pay Late
It may be necessary to cancel your booking due to illness, accident or change of circumstances etc. As soon as you know that you need to cancel, confirm the cancellation in writing/email.
The letter/email must be signed/sent by the Party Leader. Otherwise than as set out herein cancellation charges are calculated as follows from the date that your written instructions are received by 3ness:-
- All-day/weekend passes, party tickets, coach bookings and deposits are non-refundable or transferable once paid.
- 15 days or more before the start of an event: 50% of any paid instalments paid by each person that has cancelled the event. 56 days or more for non-UK events.
- 14 days or less before the start of the event: 100% of the total amount payable by you. Non-UK events are 55 days or less.
If 3ness incurs additional charges other than those set out above for any cancellation then such sum shall need to be met solely by yourself.
9. Minor alterations to your booking
Alterations such as withdrawal of certain amenities, classes, facilities, activities, and entertainment may be made by us and/or the management of the Accommodation without any obligation or liability.
11. If 3ness cancels your booking
3ness will use all reasonable endeavours not to cancel your booking, but in exceptional circumstances, this may be necessary.
Reasons for this may include (but are not limited to) the minimum number of bookings required not being achieved, or is, in the sole opinion of 3ness, unlikely to be achieved.
3ness will inform you of any such cancellation as soon as possible and give you the options set out below at clause 12.
12. Major change or cancellation options
Otherwise, than when subject to a force majeure event (as described below), 3ness will give you the following options in the event that 3ness notify you that your booking is materially altered or cancelled:-
- you may accept the alternative arrangements as notified to you;
- you may choose another Event from 3ness (subject to availability), up to the value of the same advertised price of your altered/cancelled Event, otherwise, any deficit between the cost of the two Events will become due by you;
- you may elect to receive a full refund of any money received by 3ness in cleared funds.
Please note that you will be deemed to have accepted any alteration where you have either acted upon the change and/or not notified us in writing within 7 days of such notification of your choice of b) or c) above.
13. Travel and Travel Insurance
When travelling abroad, any passports, visas, health certificates, international driving licenses and other travel documents required for the Event must be obtained by you (or the Party Members as applicable) and it is your responsibility to ensure that these are all in order and meet any additional costs incurred (whether by yourself, a Party Member or us on your or a Party Member’s behalf) as a result of a failure to comply with such requirements.
We recommend that you buy adequate travel insurance when you go on any holiday or attend any of our weekend events.
Pets are not permitted at any Event. Assistance dogs are accepted by prior arrangement.
15. Health & Safety
For the safety and well being of yourself, any Party Members and/or other Accommodation guests, not all facilities may be available to everyone at the Accommodation and/or certain restrictions or conditions may apply.
You warrant that throughout the term of the Event you will observe and comply with all health and safety regulations whether stipulated by 3ness or the management of the venue.
It is a condition of your booking that all party members’ names are submitted 1 month or on booking if the booking is made within a month of the event. Failure to provide names(s) will result in cancellation without refund of the entire booking or the missing members.
You and/or your Party Members are responsible to arrive at the stated departure destination (if any) in good time and any loss and/or damage which you suffer through a failure to do so lies solely with yourselves.
17. Arrival at Accommodation
Your Accommodation keys/access cards will usually be available from 12pm (hotel) on the day of arrival subject to subject to any changes in respect of those times by the management of the Accommodation.
18. Departure of Accommodation
On your departure day, 3ness ask that you vacate your Accommodation by the time specified in the schedule/information for the Event and return your keys/access cards to the reception desk or as otherwise requested.
You are welcome to use the other Event facilities until 5pm on your departure day subject to any restrictions by the management of the Accommodation.
Please check your accommodation carefully prior to departure as 3ness do not accept liability for items left behind upon your departure of the Accommodation.
Your Accommodation may be inspected at the end of the Event or your departure. You will be held responsible for any damage and/or loss caused during your stay and that resulting from the acts and/or omissions of any Party Members.
Damage to the Accommodation and/or its contents may also result in the termination of the holiday with no compensation to you or any of your Party Members.
19. TV and filming
Please be aware that photography/filming may be in progress during our Events, and please ensure that you are aware of the positioning of cameras/videos at all times. Unless contrary to your express wishes, you may appear in promotional films or in photographs or videos.
If you do not wish to be filmed or photographed then please email us beforehand at email@example.com or advise us at the time.
20. Limitation of liability
3ness’s total liability whether to the Party Leader and/or any Party Member in contract, tort (including negligence or breach of statutory duty), misrepresentation or otherwise, arising in connection with the performance or contemplated performance of this contract shall be limited to the cleared funds received by 3ness at the time of the occurrence and in particular without prejudice to the generality of the foregoing and to the fullest extent permitted by law 3ness shall have no liability by reason of any implied warranty, condition or other term or duty under statute or at common law.
Nothing in this clause excludes or limits the liability of 3ness for death or personal injury caused by 3ness’s negligence or fraudulent misrepresentation.
The provisions of this clause 20 shall survive the termination of this contract.
21. Force majeure
3ness shall not be liable for a breach of this contract in the event that 3ness is unable to carry out its obligations hereunder owing to circumstances beyond its reasonable control arising from or as a consequence of (including but not limited to) an Act of God, fire, disaster, natural catastrophe, war, act of terrorism, civil disturbance, industrial dispute, order of a government department, or competent authority breakdown or interruption of power supplied or other public services or transport, any loss of services by third parties or from the acts and/or omissions of the management of the Accommodation or their employees or agents.
22. Your warranty
It is a condition and you warrant that throughout the term of the Event you will:
- show consideration to other guests and the 3ness team members at all times; and
- at all times treat the Event facilities/Accommodation with all due care and respect; and
- not conduct in any offensive or illegal behaviour; and not be involved in creating excessive noise; and
- not cause a nuisance.
On departure, please leave the Accommodation in a clean and tidy condition.
Contracts will also be terminated if 3ness has a reasonable suspicion that any person(s) has committed, or intends to commit an offence.
Guests are advised not to bring privately-owned electrical appliances to any Event. However, if you or any Party Member ignore this notice and do so, they use the equipment at their own risk.
23. Your indemnity
Without prejudice to any other rights or remedies available to 3ness, and notwithstanding any other provision in this contract, you irrevocably and unconditionally agree to indemnify 3ness in full and on-demand and keep 3ness so indemnified from and against all claims, actions, damages, proceedings, demands, losses, liabilities, costs and expenses (including without limitation legal expenses and other professional advisers’ fees) which are made or brought against or suffered or incurred by 3ness, directly or indirectly and whether or not foreseeable at the date of the contract, arising wholly or in part as a result of or in relation to your acts and/or omissions and/or those of any Party Member or any of your unauthorised guests.
3ness are only able to take action on any complaints which are first brought to the attention of 3ness whilst at the Event and later received in writing within 28 days after the end of the Event, unless there are exceptional circumstances.
- Disputes: In the event of any dispute in respect of the Accommodation please ensure that you bring this to the attention of the management of the Accommodation prior to your departure and also promptly inform 3ness in writing.
- In the event of any dispute in respect of the Event itself, please immediately notify 3ness in writing.
- Waiver: No delay or omission by 3ness in exercising any right or remedy under this contract shall operate to impair such right or remedy or be construed as a waiver thereof.
- Assignment: You may not assign any of your rights and/or obligations herein in whole or in part without the prior written consent of 3ness.
- Notices: All notices to be in writing, hand delivered or sent by pre-paid first class letter post or facsimile transmission to the address set out herein for 3ness or any such other address or facsimile number as notified to you in writing. Any notice shall be deemed served if hand delivered at time of delivery; if posted 3 (three) days thereafter if in the UK; and if sent by facsimile transmission, when sender’s facsimile system generates a message confirming successful transmission of total number of pages of the notice during normal UK business hours.
- Entire Agreement: This contract contains the whole agreement between the parties and supersedes all prior agreements, arrangements and understandings. Only 3ness is entitled to make amendments to this contract. 3ness reserves the right to alter any of contract and you are advised to regularly check this website for the most up to date terms and conditions.
- Severability: Any provision hereof found illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition and shall be replaced by an enforceable provision to the same or the nearest possible equivalent effect.
- Third Party Rights: Only the parties and their successors and permitted assignees shall have a right to enforce any provision of this contract and the Contracts (Rights of Third Parties) Act 1999 shall not apply.
- Governing Law: This contract will be governed by and construed in accordance with English Law and the parties submit to the exclusive jurisdiction of the English Courts.
PART 2 – Website Conditions
This website is operated by 3ness Ltd.
2. Licence to use the website
3ness grants you a non-exclusive licence to use this website upon the following terms and conditions. 3ness may terminate this licence at any time without notice or liability.
3. Materials in the website
This website contains material which is owned by or licensed to 3ness. This material includes, but is not limited to, the design, layout, look, appearance and graphics. It is protected by intellectual property laws including, but not limited to, copyright, trade marks database rights and other intellectual property rights in the materials.
Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
4. Accuracy of information
The information on this website is given in good faith and for general information and interest only. It is subject to change without prior notice. 3ness are not responsible for any inaccuracies and (except as set out under clause 7 below for use of this website’) make no representation and give no warranty as to its accuracy.
5. Acceptable use
You may only use this website in accordance with terms and condition and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing this website.
In particular, you agree that you will not:
- post transmit or disseminate any information on or via the website which is or may be harmful, obscene, defamatory or otherwise illegal;
- use this website in a manner which causes or may cause an infringement of the rights of any other;
- make any unauthorised, false or fraudulent booking;
- use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
- deface, alter or interfere with the front end ‘look and feel’ of this website or the underlying software code;
- take any action that imposes an unreasonable or disproportionately large load on this website or related infrastructure;
- obtain or attempt to obtain unauthorised access, via whatever means, to any of our networks.
Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to:
- cancel your bookings without reference; and/or deny you access to this website where 3ness believes (in its absolute discretion) that you are in breach of any of these terms and conditions.
This website contains links to other websites. 3ness accepts no responsibility or liability for the content of other websites which are not under its strict control. Any link is not intended to be, nor should be construed as, an endorsement of any kind by 3ness of that other website.
7. Limitation of liability for use of this website
3ness do not guarantee that use of this website will be compatible with all hardware and software which may be used by visitors to the website.
Except as set out below under ‘Exceptions’, 3ness will be under no liability to you whatsoever whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with the use of this website or the use, accessing, downloading or relying on any information or other materials contained in this website, including, without limitation, as a result of any computer virus.
These terms and conditions do not exclude liability (if any) to you for personal injury or death resulting from our negligence, for fraud or for any matter which it would be illegal for 3ness to exclude or to attempt to exclude its liability.
You agree to indemnify, defend and hold us harmless from any liability, loss, claim and expense (including reasonable legal fees) related to your breach of these terms and conditions.
11. Changes to this website
3ness may make improvements or changes to the information, services, products and other materials on this website, or terminate this website at any time without notice, 3ness may also modify these terms and conditions at any times, and such modification shall be effective immediately upon posting of the modified terms and conditions on this website. Accordingly, your continued access or use of this website is deemed to be your acceptance of the modified terms and conditions.
12. Complete agreement
13. Jurisdiction and acceptance of these terms and conditions
This website is controlled and operated by 3ness. The formation, existence, construction, performance, validity and all aspects whatsoever of these terms and conditions or of any term of these terms and conditions or any dispute in relation to the materials contained on this website shall be governed by English law.
The English courts shall have exclusive jurisdiction to settle any disputes which may arise out of or in connection with these terms and conditions or use of the website.
Your continued use of this website indicates your acceptance of these terms and conditions.
Who are we?
3ness Ltd is an events management company operating out many UK and oversea hotels owned by various third-party hotels.
Our contact details
The categories of personal data we collect and use
The categories of personal data we collect and use include:
- email address;
- telephone number;
- information about the Services we provide to you (including for example, what we have provided to you, when and where and, if applicable, how much you paid);
- your account login details, including your user name and password;
- information you provide to us with when you contact us by phone, email, post, or when you communicate with us via social media;
- information about electronic communications you receive from us, including whether that communication has been opened and if you have clicked on any links within that communication;
- answers you provide when you respond to competitions, votes and surveys;
- other personal data which you may disclose to us when you use our Services at any time.
Sources of personal data
We will receive your personal data when you provide them to us yourself or when you use or purchase one or more of our Services.
How we use your personal data
- As necessary, to perform a contract with you, such as a contract to process an order from you for one or more of our Services including, where applicable, taking payment and carrying out fulfilment and delivery.
- As necessary, to comply with a legal obligation, for the following purposes:
- where you exercise your rights under data protection law and make requests; and
- to comply with any legal obligation, any lawful request from government or law enforcement officials and as may be required to meet national security or law enforcement requirements or prevent illegal activity.
- As necessary, for our legitimate interests in providing the Services and ensuring they operate safely, securely and in a commercially suitable way which is tailored to your use and interests, for the following purposes:
- to provide you with the Services;
- to verify your identity for security purposes;
- to help us to ensure our customers are genuine and to prevent fraud;
- to ensure the security of our websites, mobile applications and other technology systems;
- for the good governance of our business, including keeping financial records, to allow us to pay suppliers and to charge, invoice or refund customers;
- to record and investigate health and safety and other incidents which have happened or may have happened at 3ness Ltd;
- to provide you with information about our Services, to contact you about administrative matters, and to manage and respond to any queries or complaints you make or any correspondence you send us;
- to help us to return lost property to its rightful owner;
- to process your competition entries and your survey or voting information;
- for the purpose of marketing our Services and goods and services from other companies, including sending marketing communications and, where applicable, processing your registration.
- to “geo-fence” marketing so that you receive marketing communications or see advertisements which are relevant to your location;
- to operate competitions, including notifying you if you have won, to confirm delivery of a prize or for other related purposes; and
- for market research and statistical analysis and to analyse the use of our Services so that we can improve them.
- Based on your consent, for the following purposes:
- to send you marketing communications.
- Based on your explicit consent, when you provide us with personal data about your health, for the following purposes:
- to provide you with tailored services (for example, a wheelchair accessible space or dietary requirements); and
- to help us investigate an incident which may have taken place at 3ness Ltd.
If you win a competition, we may publicly post some of your data on our website or mobile application (for example acceptance of a prize may also require you (unless prohibited by law) to allow us to post publicly some of your personal data such as on a winner’s page). However, we will not post your data publicly without your express consent.
Sharing your personal data
We will share your personal data with other companies in Our Group. Namely Island Flavours Ltd.
International transfers of your personal data
Your personal data may be transferred to and processed in a location outside of the European Economic Area (EEA).
In particular, your personal data may also be processed by staff operating in the United States or outside the EEA working for us, other members of Our Group or third-party data processors. Such staff may be engaged in, among other things, the provision of our Services to you, the processing of transactions and/or the provision of support services.
How long do we keep your personal data?
We will normally retain your personal data for as long as you use our Services and for up to two years after your last use of our Services or your last interaction with us (for example, the last time you opened an electronic communication from us or visited one of our websites).
However, in some circumstances we will retain your personal data for a shorter period, including:
We will retain your personal data for longer if we believe we may need them in order to respond to any claims, to protect our rights or the rights of a third party, and we will retain your personal data for longer if we are required to retain them in order to comply with applicable laws.
We will always retain your personal data in accordance with data protection law and never retain your personal data for longer than is necessary.
You may contact our Data Protection Officer by email at firstname.lastname@example.org at any time, to:
- request that we provide you with a copy of the personal data which we hold about you;
- request that we update any of your personal data which are inaccurate or incomplete;
- request that we delete any of your personal data which we are holding;
- request that we restrict the way that we process your personal data;
- request that we provide your personal data to you or a third-party provider of services in a structured, commonly-used and machine-readable format;
- object to us processing personal data based on our legitimate interests, including profiling; or
- object to us processing your personal data for direct marketing purposes.
Your request must include your name, email address and postal address and we may request proof of your identity. Please allow at least seven working days for us to process your request.
Withdrawing your consent
Where we are processing your personal data based on your consent, you may change your mind and withdraw your consent at any time.
You can withdraw your consent to receive marketing communications by clicking on the unsubscribe link in an email or by adjusting the push message settings for the mobile application.
You can also withdraw your consent to receive marketing communications or any other consent you have previously provided to us by contacting us at email@example.com.
The consequence of you withdrawing consent might be that we cannot do certain things for you.
Right to lodge a complaint with a supervisory authority
You may also make a complaint to a supervisory authority for data protection matters. In the UK, this would be the UK Information Commissioner’s Office (https://ico.org.uk/). If you live in another EEA country, you may complain to the supervisory authority in your country. Alternatively, you may seek a remedy through local courts if you believe your rights have been breached.
How do we protect your personal data?
We use industry standard technical and organisational security measures to protect your personal data. We keep your personal data secure by implementing policies, procedures and access controls so that only authorised members of our staff or authorised third parties can access your personal data. We protect our information technology systems with firewalls and anti-virus and anti-malware software and other information security technology solutions. When we transfer your personal data to third parties we use encryption.
We cannot guarantee the security of your personal data when you transmit it to us. For example, if you email us your personal data, you should be aware that email is not a secure transmission method. As such, you acknowledge and accept that we cannot guarantee the security of your personal data transmitted to us and that any such transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to prevent unauthorised access.
Where we have given you (or where you have chosen) a password which enables you to access one of our Services, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Links to other websites and mobile applications
We sometimes provide you with links to other websites or mobile applications, but these websites and mobile applications are not under our control. We are only responsible for the privacy practices and security of our Services. We are not responsible for the privacy policies, content or security of any linked websites or mobile applications. We recommend that you check the privacy and security policies of each and every website and mobile application that you visit.
Cookies and other tracking technologies
Cookies and web beacons are used by us and third parties for the following purposes:
- to enable certain features of our websites (for example, to allow a customer to maintain a basket when they are shopping at an online store);
- to analyse the traffic to our websites (for example, we can count how many people have looked at a specific page, or see how visitors move around the website when they use it, and use this information to improve the website);
- to allow us carry out retargeting (this is when advertisements are presented to you for products or services which you have previously looked at on a website, but have not purchased);
- to allow you to interact with our websites on social media platforms.
3ness collects the details provided by you on booking an Event together with information 3ness learns about you from your use of the 3ness service and your visits to the 3ness website and other sites accessible from them.
3ness also collect information about the transactions you undertake not-including details of payment cards used.
3ness may collect additional information in connection with your participation in any promotions or competitions offered by 3ness and information you provide when giving 3ness feedback or completing profile forms. 3ness also monitors customer traffic patterns and site use which enables 3ness to improve the service 3ness provides.
Use of your information and your preferences
3ness will use your information to provide and personalise its service. 3ness will also use your and party members contact details to communicate with you.
3ness may use this information to send you offers and news about 3ness products and services or those of other carefully selected companies which we think may be of interest to you.
3ness may contact you by post, email, telephone, mobile or fax for these purposes.
Please note that there may be instances where it may be necessary for 3ness to communicate with you, in any event, for administrative or operational reasons relating to our service.
Disclosures of your information
Your information may be passed to and used by our associated companies who 3ness works with solely for the purpose for which the information was first submitted and where such third parties are handling the bookings.
3ness will never pass your personal data to anyone else, except for any successors in title to its business and suppliers that process data on its behalf both in the UK and abroad. 3ness may also use and disclose information in aggregate (so that no individual customers are identified) for marketing and strategic development purposes.
‘Cookies’ are small pieces of information sent by a web server to a web browser, which enables the server to collect information from the browser.
Whilst you do not need to allow your browser to accept cookies in order to browse much of our website or to access many of our services, you must have cookies enabled if you wish to book/shop online.
Most browsers allow you to turn off the cookie function. If you want to know how to do this please look at the help menu on your browser. As described above this will restrict the online 3ness services you can use.
You have a right to access the personal data that is held about you. To obtain a copy of the personal information 3ness holds about you, please write to 3ness at the following address: 3ness Ltd, PO Box 2940, Romford, Essex, RM7 1QA enclosing your postal details and a cheque for £5 payable to 3ness Limited.