Birthday Party Terms & Conditions
ALL PARTY BOOKINGS AND ENTRY TO KIDZANIA LONDON IS SUBJECT TO ACCEPTANCE OF THESE TERMS AND CONDITIONS TOGETHER WITH OUR STANDARD TERMS AND CONDITIONS OF ENTRY (WHERE APPLICABLE).
1 INFORMATION ABOUT US
1.1 KidZania London is operated by Longshot Kids Limited ("we", “us” and “our”). We are registered in England and Wales under company number 07880327 and have our registered office at 4-5 Albany Courtyard, London W1J 0HF. Our main trading address and address for correspondence is KidZania London, Unit 5001, Service Yard B, Ariel Way, Westfield, London W12 7GA. We are a limited company.
1.2 All enquiries are to be directed to the Party Enquiries team on 0330 131 3334, the Party Planners can be contacted directly by calling 0330 131 3332 or by e-mailing us at email@example.com.
1.3 These Terms & Conditions (“Conditions”) set out all the terms and conditions upon which we provide you and your guests (“you” and “your”) with access to KidZania London.
1.4 In these Conditions “Premises” shall mean the Kidzania premises located at Westfield London, Ariel Way, London, W12 7GF.
2 MAKING A BOOKING
2.1 Details of our Party packages can be found at http://london.kidzania.com/en-uk/birthdays/overview. All party booking queries and booking requests should be directed to the Party Enquiries Team on 0330 131 3334 or firstname.lastname@example.org. Please also read our FAQ’s for further information.
2.2 A party booking shall not be confirmed until a booking deposit (comprising 50% of the relevant Party Package Fee) has been received by us and we send you a Booking Confirmation Receipt. A booking deposit shall be payable via debit or credit card at the time of booking.
2.3 All party packages are based on a minimum of 10 children. All party bookings for 10 children must comprise a minimum of two adults or, for larger parties (10+), one adult for every six children is recommended (“Responsible Adults”) such Responsible Adults shall be responsible for all children attending the party from arrival until departure. Children under 8 years old will be allowed an accompanying adult per child on request.
2.4 At the time of booking you will be required to provide us with an estimated number of attendees. The final number of attendees must be confirmed no later than 14 days before the party date, you will be contacted to remind you. Any cancellations made later than 14 days before the party date will be charged for IN FULL together with any ‘no shows’. We will try, but cannot guarantee, to accommodate any additional attendees where requests were made during the 72-hour period before the party date. You will be charged (via credit or debit card) for any additional attendees when we confirm our acceptance of such attendees to you. Any attendee added during the 72-hour period before the party date, will incur an additional charge of £10 per attendee.
2.5 At least 14 days* prior to the party date, you must confirm to us:
2.5.1 menus, food and beverage requirements, including special dietary requirements;
2.5.2 any special requests such as medical requirements; and
2.5.3 any “add ons” (for a full list of “add ons” please contact our Party Planners or visit our website)
*NB: Shorter lead times may apply depending on your requirements notified to us at the time of booking.
We will send a reminder 21 and 14 days in advance of the party date.
2.6 All costs incurred by us in accommodating any requirements requests or amendments to the party in conditions 2.3 and 2.4 shall be borne in full by you.
2.7 Short Notice Bookings: Generally we would expect party bookings to be made at least 8 weeks in advance of the party date. However, we will take party bookings, subject to availability, within this time period and at “short notice” subject to your requirements. We consider a “short notice” party booking to be any party booking made within 14 days of the party date. NB: we are not able to take bookings for catering less than 48 hours prior to the party date. All “short notice” party bookings must be paid for in full upon booking (and shall be subject to an additional £50 administration charge) and all requirements must be confirmed at the time of booking. No “short notice” bookings will be considered confirmed until we have received the full Party Package Fee and administration charge.
3.1 A non-refundable booking deposit (equal to 50% of the total Party Package Fee) will be payable by you upon booking. For larger parties we may require you to pay an additional security deposit which shall be returned to you after the party date subject to any deductions for damage caused to the party venue and/or Premises and its contents caused directly or indirectly by your party.
3.2 The remainder of the total Party Package Fee (including any “add ons”) will be payable 14 days prior to the party date unless other terms have been agreed in writing with us (such terms may include a further deposit). We reserve the right to cancel your booking if we do not receive the balance on this date.
3.3 All payments to be made via BACS payment, cash or credit or debit card. If payment is made via credit card we will charge a handling charge of 5%. NB: we do not accept AMEX.
Cancellation by you:
4.1 If you wish to cancel your party booking for any reason you must be communicate this to us immediately in writing and the following cancellation charges will apply:
Notification of Cancellations prior to Party date
Amount of the original total Party Package Fee (Cancellation Fee(s))
More than 14 days
50% plus the Cancellation Administration Charge (defined below) together with any non-refundable charges incurred by us.
14 days or less
100% plus the Cancellation Administration Charge (defined below) together with any non-refundable charges incurred by us.
4.2 We will retain a cancellation administration charge of equal to the greater of 2% of the total Party Package Fee or £50 (“Cancellation Administration Charge”). We may be able to amend or change bookings due to exceptional circumstances but this will be on a case by case basis.
Cancellation by us:
4.3 We will use best efforts to make the party venue and Premises available to you on the agreed party date.
4.4 We will not be liable if the party booking is cancelled for the following reasons:
4.4.1 if we believe the party booking is somehow of an illegal nature or immoral or would be harmful or prejudice to the reputation of KidZania London;
4.4.2 if you are 7 days or more in arrears with any due payments for the services or facilities which we agree to provide to you in relation to the party booking;
4.4.3 if we become aware of any changes in your financial situation which we reasonably believe may lead to you being unable to meet your financial obligations in relation to the party booking.
4.5 If we need to amend the party booking in any way, we will offer alternative facilities of a reasonable fit, status and comfort to the original party booking. If the alternative arrangement is not deemed fit by you, you will have the right to cancel the party booking in writing will need to be directed to our Party Bookings Team at KidZania London, Unit 5001, Service Yard B, Ariel Way, Westfield, London W12 7GA or email@example.com
4.6 You, your invitees and any approved third party contactor appointed by you in relation to the party booking must comply with all the rules and regulations currently in operation at the Premises. We reserve the right to deny admission, or to require a person already admitted to leave the Premises, without refund or compensation, for failure to comply with any of the KidZania London rules, for unsafe, illegal or offensive behaviour, to ensure safety, security or order, or if we consider that the circumstances so require.
4.7 We reserve the right to close off any part of the facilities, party venue or the Premises for technical, operational or health and safety issues. We will not be liable to you should any foreclosure occur.
5. FORCE MAJEURE
5.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these conditions that is caused by a Force Majeure Event.
5.2 An Force Majeure Event means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, 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.
5.3 If a Force Majeure Event takes place that affects the performance of our obligations under these conditions:
5.3.1 we will contact you as soon as reasonably possible to notify you; and
5.3.2 our obligations under these conditions will be suspended and the time for performance of our obligations will be extended for the duration of the Force Majeure Event.
5.4 In the event that the contract still cannot be performed or any of the obligations be fulfilled within a period of three months, then either party can terminate the contract by notice in writing.
6. LIMIT OF LIABILITY
6.1 Nothing in this agreement shall limit or exclude our liability:
6.1.1 for death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
6.1.2 for fraud or fraudulent misrepresentation.
6.2 Subject to clause 6.1, under no circumstances shall we be liable to you for any of the following, whether in contract, tort (including negligence) or otherwise:
6.2.1 loss of revenue or anticipated revenue;
6.2.2 loss of savings or anticipated savings;
6.2.3 loss of business opportunity;
6.2.4 loss of profits or anticipated profits;
6.2.5 wasted expenditure; or
6.2.6 any indirect or consequential losses.
6.3 Subject to clause 6.1, our maximum aggregate liability in contract, tort (including negligence) or otherwise, however arising, under or in connection with this agreement shall be limited to the amount of the Event Fees paid by you pursuant to the party booking.
7.1 Each party will be allocated a party slot. Party slots follow very strict time restrictions and any lateness will result in lost time from your party. Please advise your guests to arrive promptly for your party as we are unable to add extra time to the end of your party slot. We recommend you meet your guests at an earlier time and arrive at the venue together prior your party start time.
7.2 We recommend that children wear flat shoes and comfortable clothing; as our parties are energetic and the children need to be able to move easily.
7.3 We place great importance on the safety of third parties and to ensure that the high standards of safety set by us are complied with by all those attending the party, third parties are only admitted to Premises if they are willing to comply with any regulation in force at the Premises from time to time. You shall therefore ensure that all third parties are aware of this.
7.4 The use of illegal substances is strictly prohibited and any persons found possessing, using or who appear to be under the influence of illegal substances will be refused admission or escorted from the Premises without right to refund.
7.5 All items, belongings and other property brought onto the Premises by guests shall be at such guest’s own risk and we accept no liability for the loss or damage to such property. We advise that guests do not bring valuables onto the Premises and all coats and other belongings are stored securing in our “Big Yellow” lockers and buggies area.
7.6 We are the owner or the licensee of all intellectual property rights on our website, in the material published on it, the concept of KidZania London, all rights to the “KidZania” trade mark and in all materials within the Premises including, without limitation, any text, graphics, images, artwork, illustrations, photographs, animations, music, video, audio, audio-visual works, designs, logos, software and any other content. These works are protected by copyrights, patents, trade secrets or other proprietary rights owned by us and/or our licensors. All such rights are reserved. "KIDZANIA” is a registered trade mark of KidZania Operations SARL.
7.7 We reserve the right, in our absolute discretion, to refuse admission to our Premises or remove from the premises any person who has behaved or is behaving in a manner which, in our opinion has affected, or is likely to affect, the enjoyment of the Premises by any other third party.
7.8 On arrival to and departure from the Premises, you shall use all reasonable endeavours to ensure that all third parties shall not cause any unreasonable disturbance or nuisance to any persons or properties in the vicinity of the Premises.
7.9 You shall be liable for any damage to the Premises caused directly or indirectly with your party booking.
7.10 We reserve the right to approve any third party engaged by you in connection with the party booking. No third parties can be engaged without written approval from us. For the avoidance of doubt all contractors should be booked from the Kidzania Approved List. You shall ensure that any third party contracted by you, complies with the terms set out in these Conditions and all health and safety legislation regulations and procedures in force from time to time and shall carry out your own risk assessment procedure in order to do so and provide public liability insurance.
7.11 We shall not be liable for a third party's failure to provide, or negligence in providing, any goods or services to you and you shall indemnify us and keep us indemnified from and against any costs incurred by us as a result of any cancellation of any third party services contracted by you.
7.12 You acknowledge that there are various closed circuit television cameras positioned at different locations within the Premises and you accept that your image and that of any third party may be captured whilst in and about the Premises. We do not make any representation as to the extent of coverage provided by the cameras.
7.13 No equipment or practices which may conflict with our obligations under health and safety legislation regulations and procedures in force from time to time can be brought into or used on the Premises without our prior written agreement.
7.14 No wines, spirits, other drinks or food can be brought onto the Premises without our prior written agreement. Only persons authorised by us are permitted to sell or offer for sale any items or services on the Premises.
7.15 No use may be made of any KidZania name, logo or company details without our prior written consent.
7.16 All prices are exclusive of VAT which shall be charged at the prevailing rate.
7.17 No signs, displays, posters or other material may be fixed to the walls, floor or ceilings of the Premises or otherwise displayed at the Premises without our prior written agreement.
7.18 We are obliged to comply with various licensing and statutory regulations and accordingly we require you and any third party to comply with any reasonable and proper instructions given to you by any duly authorised representative of KidZania and you shall indemnify us and keep us indemnified of any loss, damages or expenses suffered or incurred by us as a result of a breach of this condition.
7.19 With the exception of guide dogs for the blind, pets are not permitted on the Premises.
7.20 In requesting us to photocopy any document, article, drawing or other item, you confirm that the written consent of the copyright owner has been obtained and you undertakes to indemnify us and keep us indemnified for any loss, damage or expense suffered by us as a result of such consent not having been obtained.
7.21 We have the right to revise and amend these conditions from time to time by notifying you in writing. You may not vary these conditions unless agreed in writing with us. You will be subject to the conditions in force at the time that your party booking is confirmed (unless otherwise notified in writing).
7.22 We may transfer our rights and obligations under these conditions to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these conditions. You may not transfer your rights or your obligations under these conditions to another organisation or person.
7.23 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
7.24 Each of the paragraphs of these conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
7.25 If we fail to insist that you perform any of your obligations under these conditions, 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.
7.26 If any of these conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
7.27 These conditions and any document referred to in them constitutes the whole agreement between us and supersedes all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of these Terms.
7.28 You acknowledge that, in agreeing to these conditions, you do not rely on any representation or warranty (whether made innocently or negligently) that is not set out in these conditions. Nothing in this paragraph excludes liability for fraud.
7.29 These conditions are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts.